U.  S.  DEPARTMENT  OF  AGRICULTURE, 

FOREST  SERVICE. 

HENRY  S.  GRAVES,  Forester. 


THE  USE  BOOK 

A  MANUAL  FOR  USERS  OF 
THE  NATIONAL  FORESTS. 


1913. 


ISSUED  BY  THE 
SECRETARY  OF  AGRICULTURE 
JULY  1,  1913. 


WASHINGTON: 

GOVERNMENT  PRINTING  OFFICE. 
1913. 


The  Secretary  *  *  *  may  make  such  rules  and  regulations  *  *  *  as 

will  insure  the  objects  of  said  reservations,  namely,  to  regulate  their  occupancy 
and  use  and  to  preserve  the  forests  thereon  from  destruction ;  and  any  violation 
of  this  act  or  such  rules  and  regulations  shall  be  punished  (by  $500  fine  or 
twelve  months’  imprisonment,  or  both)  as  is  provided  for  in  the  act  of  June 
fourth,  eighteen  hundred  and  eighty-eight,  amending  section  fifty-three  hundred 
and  eighty-eight  of  the  Revised  Statutes  of  the  United  States.  (Act  of  June  4, 
1897,  34  Stat.,  35.) 

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U.  S.  Department  of  Agriculture, 

Forest  Service, 

Washington,  D.  G.,  June  12,  1913. 


Sir:  I  have  the  honor  to  present  for  your  approval  a  fourth  revision  of  the 
regulations  and  instructions  for  the  use  of  the  National  Forests.  In  this  edition, 
which  has  been  prepared  especially  for  Forest  users,  those  regulations  affecting 
only  Forest  officers  and  not  of  interest  to  the  public  have  been  omitted. 

Very  respectfully, 

Henry  S.  Graves, 

Forester. 


Hon.  David  F.  Houston, 

Secretary. 


U.  S.  Department  of  Agriculture, 

Office  of  the  Secretary, 
Washington,  D.  G.,  June  13,  1913. 

The  accompanying  regulations  have,  under  authority  conferred  by  law  upon 
the  Secretary  of  Agriculture,  already  been  approved,  to  take  effect  at  different 
times,  and  all  previous  regulations  in  conflict  with  them  revoked. 

David  F.  Houston, 

Secretary. 

3 


,°X\Z7 


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University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/usebookmanualofi1913unit 


CONTENTS. 


Page. 


Foreword .  11 

Part  I. — Administration  of  the  National  Forests: 

Relation  of  Forest  officers  to  the  public .  13 

Purpose  and  location  of  National  Forests .  13 

History  of  the  National  Forests .  14 

The  Forest  Service  and  the  National  Forests .  15 

Establishment .... . 15 

Purpose  of  administration .  15 

Organization .  16 

Administrative  districts .  16 

Qualifications  and  duties  of  Forest  officers .  16 

Supervisors  and  deputy  supervisors .  16 

Forest  examiners .  16 

Rangers .  16 

Lumbermen .  17 

Scalers .  17 

Planting  assistants . 17 

Forest  guards,  field  assistants,  and  temporary  laborers .  17 

Forest  clerks .  17 

Authority  of  Forest  officers .  18 

Accessibilty  of  public  records .  18 

Associations  of  Forest  users .  18 

How  to  remit  money .  18 

Part  II. — Timber  Sales,  Timber  Settlement,  Free  Use: 

Timber  sales .  19 

National  Forest  timber  for  sale .  19 

Purchaser’s  first  step .  19 

Four  classes  of  sales .  19 

Advertisement  of  sale .  19 

Deposit  with  bid .  20 

Awarding  a  sale .  20 

Financial  standing  of  applicant .  20 

Bonds .  20 

The  sale  contract .  20 

General  stipulations .  20 

Fire  protection .  21 

When  cutting  may  begin .  21 

Advance  cutting .  21 

Private  sale  of  advertised  timber .  21 

Unadvertised  sales  to  settlers  and  farmers .  21 

Marking  trees  to  be  cut .  22 

Scaling  timber .  22 

Log  lengths .  22 

Special  rule  for  Alaska  and  west  slope  of  Cascades .  22 

Unnecessary  loss  in  manufacture  not  considered .  22 

Measuring  diameters .  22 

Merchantable  material .  22 

Ties .  22 

Shakes  and  shingle  bolts .  22 

Lagging .  22 

Poles,  posts,  etc .  22 

Stamping  logs  and  other  material .  23 

Payments  for  timber .  23 

Refunds .  24 

Determination  of  stumpage  rates .  24 

Period  of  cutting .  24 


5 


6 


CONTENTS. 


Part  II. — Timber  Sales,  Timber  Settlement,  Free  Use — Continued. 

Timber  sales — Continued.  Page. 

Readjustments  of  stumpage  rates  by  periods .  24 

Administration  of  sales  by  Forest  Service .  25 

Cancellation  of  contract .  25 

Monopoly .  25 

Timber  sale  regulations .  25 

Appraisal  of  timber .  25 

Authority  to  make  sales .  25 

Deposits .  26 

Payments  and  refunds .  26 

Installment  payments .  26 

Modification  of  con  tracts .  26 

Advance  cutting .  26 

Private  sale  of  timber .  27 

Prevention  of  monopoly .  27 

Exportation  of  timber .  27 

Conditions  of  sale . - .  27 

Time  limits .  28 

Bonds .  28 

Appeals .  28 

Use  of  steam  engines  or  locomotives .  28 

Turpentine  sales .  28 

Administrative  use  of  timber .  28 

Timber  settlement . 29 

Payment  on  basis  of  estimate  or  scale .  29 

Payment  for  timber  on  claims .  29 

Free  use  of  timber  and  stone .  29 

To  whom  granted .  29 

Amount  of  material  granted  in  one  year .  31 

Kind  of  material  taken .  31 

Free  use  without  permit .  31 

Free  use  without  measurement .  31 

Emergency  use .  32 

Sale  of  material  prohibited .  32 

Valuation  of  material .  32 

Marking  free-use  material .  32 

Special  conditions  for  Alaska .  32 

Part  III. — Grazing: 

Objects  of  the  grazing  regulations .  33 

Annual  grazing  authorization .  33 

Long  term  authorization .  33 

Fixing  grazing  periods .  33 

Monthly  permits .  34 

Use  of  winter  range .  34 

Grazing  districts  and  divisions .  34 

Best  use  of  each  class  of  range .  34 

Establishment  of  driveways .  34 

Exclusion  of  stock. .  34 

Forest  protection . . .  34 

Watershed  protection .  35 

Public  camping  grounds .  35 

Game  refuges .  35 

Advisory  boards .  35 

Reasons  for  cooperation .  35 

Recommendations  of  advisory  boards .  36 

Special  rules  for  handling  stock .  36 

Requirements  for  recognition .  36 

Permanent  improvements  upon  range .  36 

Necessary  character .  36 

Determination  of  initial  pro  rata  charge . . .  37 

Pro  rata  charge  upon  additional  stock  under  permit .  37 

Pro  rata  charge  paid  by  new  owners. . . .  37 

To  whom  pro  rata  charge  should  be  paid . .  37 

Range  improvement  under  special-use  permits .  37 

Permit  necessary  to  graze  stock .  37 

Stock  exempt  from  permit .  37 

Special  concessions  to  Indians .  38 


CONTENTS. 


7 


Part  III. — Grazing — Continued.  Page. 

On-and-off  permits . 38 

Continuous  occupancy  during  short  periods .  38 

On-and-off  private  lands .  38 

Private  grazing  lands  within  National  Forests .  38 

Allowances  for  private  lands .  39 

Crossing  permits .  39 

Conditions  under  which  granted .  40 

Quarantine  regulations .  40 

Applications  for  crossing  permits .  40 

Grazing  fees .  40 

When  animals  under  six  months  are  subject  to  charge .  40 

No  reduction  because  of  partial  use .  41 

Additional  time  allowance .  41 

Extension  of  permits .  41 

Grazing  fees  payable  in  advance .  41 

Refunds .  41 

Excess  payments .  41 

Grounds  for  refund .  41 

Loss  of  range  through  trespass  or  error .  42 

Sale  of  stock .  42 

Failure  to  purchase  stock .  42 

Apportionment  of  grazing  privileges .  42 

Notice  to  applicants .  42 

Notification  of  permittees .  42 

Final  date  for  receipt  of  applications .  42 

Application  for  permits .  42 

Should  be  complete .  43 

Certified  statement .  43 

Partnerships  or  corporations . 43 

Sworn  statement .  43 

False  statements  or  suppression  of  material  facts .  43 

Knowledge  of  fraud  or  defect  in  permit  by  purchaser .  43 

Unintentional  misstatement  or  misrepresentation .  43 

Error  on  part  of  Forest  officer .  44 

Statement  of  ownership .  44 

Applications  for  long-term  permits .  44 

Method  of  approving  applications .  44 

Method  of  disapproving  applications .  44 

Qualifications  of  applicants .  44 

Those  by  whom  grazing  permits  may  be  obtained .  44 

Prior  use  of  range .  44 

Ranch  property  must  be  owned .  45 

New  settlers . 45 

Cooperative  associations .  45 

Use  of  common  brand  or  mark .  .45 

Firm,  partnership,  copartnership .  45 

Corporation .  45 

Partnerships  or  corporations  as  new  applicants .  45 

Married  women  and  minors .  45 

Estates .  46 

Heirs  to  permitted  stock .  46 

Lessees  and  herders .  46 

Temporary  use  of  range .  46 

Preference  in  use  of  range .  46 

Grazing  privilege  not  a  legal  right .  47 

New  Forests  and  additions .  47 

Class  A — small  nearby  owners .  47 

Class  B — all  other  regular  occupants  of  range .  47 

Class  C — owners  of  transient  stock .  48 

New  settlers  must  qualify .  48 

Status  determined  by  holdings .  48 

Ownership  of  ranch  property .  48 

Dependence  upon  range .  48 

Residence .  48 

Transient  owners .  48 


8 


CONTEXTS. 


P  a  rt  1 1 1 . — G  r  azin  g  -  -Continued . 

Apportionment  of  grazing  privileges — Continued. 

Preference  in  use  of  range — Continued.  Page. 

Retention  of  preference . , .  49 

Nonuse  of  range .  49 

Waiver  of  preference .  49 

Foreclosure  of  mortgage .  49 

Nonownership  of  stock .  49 

Transfer  of  preference  to  another  Forest .  49 

Protective  and  maximum  limits .  49 

Purpose  of  protective  limits .  50 

Purpose  of  maximum  limits .  50 

Renewal  of  permits .  50 

( 'hange  of  residence .  50 

Sale  of  ranch .  50 

Change  in  class  of  stock . 50 

Partnerships .  50 

Renewal  to  estates. . . . .  51 

Increases  and  reductions  in  number  of  stock .  51 

Increases  above  protective  limit .  51 

Increases  by  Class  A  permittees .  51 

Increase  hi  long-term  permits .  51 

Reductions .  51 

Method  of  applying  sliding  scale .  51 

Reduction  in  long-term  permits .  51 

Permits  to  purchasers  of  permitted  stock .  52 

Sale  of  stock  after  approval  of  application .  52 

Purchaser  must  observe  original  requirements .  52 

Qualifications  of  purchaser .  52 

Purchase  of  stock  by  owner  of  improved  ranch . , . .  52 

Purchase  of  stock  and  ranch .  53 

Purchase  of  ranch  property  only .  53 

Definition  of  ranch  property .  53 

Relation  of  ranch  property  to  stock .  53 

Leased  land  not  acceptable .  53 

Involuntary  purchase  through  foreclosure . 53 

Temporary  permit  to  involuntary  purchaser .  53 

Renewal  hi  case  of  involuntary  purchase .  53 

Permits  to  new  owners . 54 

Filed  six  months  in  advance . 54 

Number  of  stock  allowed .  54 

Glass  B  beginners .  54 

When  not  allowed .  54 

When  restricted  to  one-fourth  of  protective  limit . 54 

When  restricted  to  one-half  of  protective  limit .  55 

When  allowed  for  full  protective  limit  number .  55 

Temporary  allowances .  55 

Grazing  permits .  55 

Issuance .  55 

Permits  do  not  cover  private  land .  55 

Cancellation  or  revocation  of  permit .  55 

Bonds . 56 

Settlement  of  controversies .  56 

Appeals .  56 

Appeals  to  district  forester .  57 

Appeals  to  Forester .  57 

Examination  of  records .  57 

Counting  stock .  57 

Damage  to  roads,  trails,  or  springs .  58 

Bedding  sheep  and  goats .  58 

Disposition  of  carcasses .  58 

Salting  stock .  58 

Quarantine  and  local  laws .  58 

Stray  or  unbranded  stock .  59 

Part  IV. — Claims,  Settlement,  Special  Uses,  Water  Power: 

Claims .  60 

Initiation  of  claims  on  National  Forests .  60 

Squatters’  claims .  60 


CONTENTS. 


9 


Part  IV. — Claims,  Settlement,  Special  Uses,  Water  Power — Continued. 

Claims — Continued.  Page. 

Relinquishment  of  claims .  60 

Examinations  and  contests .  60 

Definition  of  a  valid  claim . .  61 

Examination  of  mineral  claims . . . .  61 

Free  use  of  timber  for  development  of  mineral  claims . .  61 

Settlement .  61 

National  Forest  homestead  act . .  61 

Classification  of  agricultural  lands . .  62 

Additional  homestead  rights  to  certain  settlers .  62 

Squatters’  special  privileges .  63 

No  settlement  before  opening .  63 

Opening  lands  to  entry .  63 

Preference  rights  of  settlement  and  entry . - .  63 

Filing  in  local  land  office .  63 

Three-year  residence  sufficient .  63 

Occupancy  under  special-use  permit  not  residence . 64 

Applications  forwarded  to  district  forester .  64 

Applicant  to  accompany  examiner .  64 

Survey  plat  and  notices  on  unsurveyed  land .  64 

Survey  without  expense  to  entryman . . .  64 

Free  use  of  lands  recommended  for  listing .  65 

Review  or  reexamination . 65 

Indian  allotments . 65 

Town  sites .  65 

Special  uses .  66 

Regulations . 66 

How  to  apply  for  special-use  permit .  68 

Bonds .  68 

Tenure  of  permits .  68 

Ancient  ruins  and  relics .  68 

Hotels  and  dwellings  adjacent  to  mineral  springs . 69 

Special  use  on  administrative  sites .  69 

Telephone  and  telegraph  lines .  69 

Special  uses  on  claims . 69 

Permits  on  forest  homesteads .  69 

Drift  fences . * .  69 

Free  use  of  materials . . .  69 

Corrals .  70 

Pastures . 70 

Stock  tanks .  70 

Game  preserves  and  fish  culture .  70 

Easements .  70 

Railroad  grants .  70 

Grants  for  irrigation  works .  70 

Grants  for  municipal  and  mining  purposes .  70 

Applications  filed  in  local  land  office .  70 

Rights  of  way  under  special-use  permit .  71 

Applicant  may  choose  form  of  permit .  71 

Water  power . 71 

Power  may  be  developed  under  permit .  71 

Policy  in  regard  to  revocation .  71 

Purpose  of  regulations .  71 

How  to  obtain  specific  information .  71 

Part  V. — Protection  of  the  National  Forests: 

Fire  danger .  72 

Fire  trespass .  72 

Innocent  and  willful  trespass .  73 

Destruction  of  timber  not  the  only  damage .  73 

Rewards .  73 

Cooperation  in  enforcing  State  fire  laws .  74 

Fire-protection  cooperative  agreements .  74 

Timber  trespass . 74 

Timber  depredations  on  National  Forests .  74 

Boxing  timber  for  turpentine,  etc .  74 

Timber  cutting  on  unperfected  claims .  75 


10 


CONTENTS. 


Part  V. — Protection  of  the  National  Forests — Continued. 

Timber  trespass — Continued.  Page. 

Innocent  and  willful  trespass .  75 

Damage  to  young  growth,  etc .  75 

Seizure  of  timber  cut  in  trespass .  75 

Grazing  trespass .  76 

Removal  of  stock .  76 

Occupancy  trespass .  76 

What  constitutes  occupancy  trespass .  77 

Action  to  stop  trespass .  77 

Property  trespass .  77 

Recovery  of  Forest-Service  property .  77 

Boundary  marks .  77 

Settlement  of  trespass  cases .  77 

Civil  cases .  78 

Criminal  cases .  78 

Action  where  arrest  is  necessary .  78 

Protection  of  water  supply .  78 

Importance  of  protection .  79 

Cooperative  agreements .  79 

Stipulations  in  permits  and  contracts .  79 

Protection  of  game,  fish,  and  birds .  79 

Game  and  bird  refuges .  79 

National  monuments .  80 

Part  VI. — Cooperation,  Diffusion  of  Information,  etc.: 

Assistance  to  private  owners  of  timberland .  81 

Technical  advice .  81 

Cooperative  examinations .  81 

Cooperation  with  States,  etc .  82 

Investigations  of  forest  products .  82 

Cooperation  with  companies,  organizations,  and  individuals .  82 

Publications .  83 

Maps .  83 

Photographs .  83 

Educational  material  for  schools  and  libraries .  84 

Lantern  slides .  84 

National  Forests,  location,  date,  and  area,  January  31,  1913 . -  -  - .  84 


FOREWORD. 


National  Forests  are  open  to  all  persons  for  all  lawful  purposes.  The  timber, 
water,  pasture,  and  other  resources  are  for  the  use  of  the  people,  and  the  min¬ 
erals  are.  open  to  exploitation  just  as  on  unreserved  public  land.  This  manual 
tells  how  these  resources  may  be  obtained  under  reasonable  conditions  without 
delay. 

Persons  who  wish  to  make  any  use  of  the  resources  of  a  National  Forest  for 
which  a  permit  is  required  should  consult  the  nearest  Forest  officer. 

Twenty-five  per  cent  of  all  receipts  from  National  Forests  are  given  to  the 
counties  in  which  they  lie,  to  be  used  for  schools  and  roads.  An  additional  10 
per  cent  is  expended  by  the  Secretary  of  Agriculture  upon  roads  and  trails 
constructed  primarily  for  the  benefit  of  settlers  within  the  Forests. 

Regulations  are  printed  in  this  type. 


11 


THE  USE  BOOK 


PART  I.— ADMINISTRATION  OF  THE  NATIONAL  FORESTS. 

RELATION  OF  FOREST  OFFICERS  TO  THE  PUBLIC. 

Supervisors,  rangers,  and  other  Forest  officers  carry  out  the  administrative 
policy  prescribed  for  the  National  Forests  by  Congress,  as  embodied  in  the  regu¬ 
lations  made  by  the  Secretary  of  Agriculture.  As  officers  of  the  Government 
it  is  their  duty  to  enforce  these  regulations  without  fear  or  favor. 

Forest  officers  are  also  agents  of  the  people,  with  whom  they  come  into  close 
relations,  both  officially  and  as  neighbors  and  fellow  citizens.  They  must  an¬ 
swer  all  inquiries  fully  and  cheerfully  and  be  prompt,  active,  and  courteous  in 
the  conduct  of  Forest  business.  It  is  their  duty  to  assist  the  public  in  making 
use  of  the  resources  of  the  Forests.  They  aim  to  prevent  misunderstanding 
and  violation  of  Forest  regulations  by  timely  and  tactful  advice  rather  than 
to  follow  up  violations  by  the  exercise  of  their  authority. 

It  is  essential  that  Forest  officers  should  win  the  respect;  and  confidence  of 
those  with  whom  they  come  in  contact.  The  Forest  Service  will  not  tolerate 
discourtesy  or  inefficiency  in  any  of  its  members.  Even  the  best,  however, 
can  not  always  give  satisfactory  service  under  adverse  conditions.  Forest 
officers  can  always  render  more  and  better  service  where  they  receive  straight¬ 
forward  and  friendly  treatment.  It  is  therefore  within  the  power  of  Forest 
users  to  aid  greatly  in  the  efficient  performance  of  the  public  business  by 
according  to  Forest  officers  the  same  frankness,  consideration,  and  courtesy 
which  the  Forest  officers  are  expected  to  show  them. 

If  there  is  just  cause  for  complaint  regarding  the  conduct  of  any  Forest 
officer,  the  matter  should  be  taken  up  in  writing  either  with  the  immediate  su¬ 
perior  of  the  officer  complained  against  or  with  the  Forester  at  Washington, 
D.  C. 

PURPOSE  AND  LOCATION  OF  NATIONAL  FORESTS. 

The  National  Forests  are  large  tracts  of  land,  mainly  mountainous  and  tim¬ 
bered,  set  apart  to  insure  a  perpetual  supply  of  timber  for  home  industries,  to 
prevent  destruction  of  the  forest  cover  which  regulates  the  flow  of  streams, 
and  to  protect  forest  and  range  from  monopoly  or  abuse,  to  the  injury  of  local 
residents  and  the  public  generally.  The  first  Forest  was  created  by  President 
Harrison  in  1891,  under  the  name  of  the  Yellowstone  Park  Timberland  Reserve. 
Later  forest  reservations  were  called  forest  reserves,  until  in  1905  Congress 
changed  the  official  designation  to  National  Forests. 

Congress  has  said  that  National  Forests  may  be  set  aside  from  public  lands 
covered  wholly  or  in  part  with  timber  or  undergrowth,  whether  of  merchantable 
value  or  not.  Some  National  Forests  are  heavily  timbered  and  are  set  aside 
mainly  for  the  value  of  the  timber ;  others  are  located  in  thinly  wooded  regions 
mainly  to  protect  and  conserve  the  water  supply,  without  which  the  country 
would  be  uninhabitable. 

The  National  Forests  are  located  chiefly  in  the  Western  States.  In  all  there 
are  163  Forests,  comprising  a  gross  area  of  187,000,000  acres,  of  which  about 
11,000,000  acres  are  alienated  land  held  by  States  and  individuals.  Their  names 
and  areas  are  shown  in  a  table  in  the  back  of  this  book. 

Mountain  lands  are  now  being  purchased,  under  the  provisions  of  the  Weeks 
law,  from  private  owners  in  the  Appalachian  and  White  Mountain  regions  of 
the  East.  Eventually  these  will  become  National  Forests. 


13 


14 


THE  USE  BOOK. 


HISTORY  OF  THE  NATIONAL  FORESTS. 

As  early  as  1799,  and  again  in  1817,  Congress  provided  for  tlie  purchase  of 
timberlands  to  supply  the  needs  of  the  Navy.  Other  acts  from  time  to  time 
made  similar  provisions  for  setting  apart  forest  land  for  specific  purposes,  but 
the  first  attempt  to  secure  comprehensive  administration  of  the  forests  on  the 
public  domain  was  in  1871,  when  a  bill  was  introduced  in  the  Forty-second 
Congress,  which,  however,  failed  of  passage. 

In  1876  $2,000  was  appropriated  “  to  employ  a  competent  man  to  investigate 
timber  conditions  in  the  United  States,”  and  on  June  30,  1886,  an  act  was  ap¬ 
proved  creating  a  Division  of  Forestry  in  the  Department  of  Agriculture.  On 
July  1,  1901,  this  division  became  the  Bureau  of  Forestry,  which,  in  turn, 
under  the  act  of  February  1,1905,  became  the  Forest  Service. 

With  the  increasing  realization  that  the  Nation’s  forest  and  water  resources 
must  be  protected  the  necessity  for  retaining  permanent  Federal  control  over 
selected  forest  areas  was  recognized  by  a  brief  section  inserted  in  the  act  of 
March  3,  1891  (26  Stat.,  1095)  : 

(1103)  Sec.  24.  That  the  President  of  the  United  States  may,  from  time  to 
time,  set  apart  and  reserve,  in  any  State  or  Territory  having  public  land 
bearing  forests,  in  any  part  of  the  public  lands  wholly  or  in  part  covered  with 
timber  or  undergrowth,  whether  of  commercial  value  or  not,  as  public  reserva¬ 
tions,  and  the  President  shall,  by  public  proclamation,  declare  the  establishment 
of  such  reservations  and  the  limits  thereof. 

The  mere  creation  and  setting  apart  of  forest  reserves,  however,  without 
provision  for  their  use,  was  both  ineffectual  and  annoying  to  local  interests 
dependent  upon  their  resources.  Consequently  the  Secretary  of  the  Interior, 
in  1S96,  requested  the  National  Academy  of  Sciences  to  recommend  a  national 
forest  policy.  This  resulted  in  the  passage  of  the  act  of  June  4,  1897  (30  Stat., 
11),  under  which,  with  subsequent  enactments,  National  Forests  are  now  ad¬ 
ministered.  This  act  was  as  follows: 

(34)  All  public  lands  heretofore  designated  and  reserved  by  the  President 
of  the  United  States  under  the  provisions  of  the  act  approved  March  third, 
eighteen  hundred  and  ninety-one,  the  orders  for  which  shall  be  and  remain  in 
full  force  and  effect,  unsuspended  and  unrevoked,  and  all  public  lands  that  may- 
hereafter  be  set  aside  and  reserved  as  public  forest  reserves  under  said  act, 
shall  be  as  far  as  practicable  controlled  and  administered  in  accordance  with 
the  following  provisions : 

No  public  forest  reservation  shall  be  established,  except  to  improve  and  pro¬ 
tect  the  forest  within  the  reservation,  or  for  the  purpose  of  securing  favorable 
conditions  of  water  flows,  and  to  furnish  a  continuous  supply  of  timber  for 
the  use  and  necessities  of  citizens  of  the  United  States;  but  it  is  not  the  pur¬ 
pose  or  intent  of  these  provisions,  or  of  the  act  providing  for  such  reservations, 
to  authorize  the  inclusion  therein  of  lands  more  valuable  for  the  mineral 
therein,  or  for  agricultural  purposes,  than  for  forest  purposes. 

The  Secretary  of  the  Interior  shall  make  provisions  for  the  protection  against 
destruction  by  fire  and  depredations  upon  the  public  forests  and  forest  reserva¬ 
tions  which  may  have  been  set  aside  or  which  may  be  hereafter  set  aside  under 
the  said  act  of  March  third,  eighteen  hundred  and  ninety-one,  and  which  may 
be  continued ;  and  he  may  make  such  rules  and  regulations  and  establish  such 
service  as  -will  insure  the  objects  of  such  reservations,  namely,  to  regulate 
their  occupancy  and  use  and  to  preserve  the  forests  thereon  from  destruction ; 
and  any  violation  of  the  provisions  of  this  act  or  such  rules  and  regulations 
shall  be  punished  (by  five  hundred  dollars  fine  or  twelve  months’  imprisonment, 
or  both)  as  is  provided  for  in  the  act  of  June  fourth,  eighteen  hundred  and 
eighty-eight,  amending  section  fifty-three  hundred  and  eighty-eight  of  the 
Revised  Statutes  of  the  United  States. 

On  the  theory  that  the  management  of  land,  not  Forests,  was  chiefly  involved 
this  law  gave  the  Secretary  of  the  Interior  authority  over  the  Forests,  and  pro¬ 
vided  that  they  should  be  surveyed,  mapped,  and  classified  by  the  United  States 
Geological  Survey  and  administered  by  the  General  Land  Office.  But  the  com¬ 
plex  technical  problems  arising  from  the  necessary  use  of  forest  and  range  soon 
demanded  the  introduction  of  scientific  methods  and  a  trained  force,  which  could 
not  be  provided  under  the  existing  system.  The  advice  and  services  of  the 
Bureau  of  Forestry  were  found  necessary,  but  under  the  law  could  be  but  im¬ 
perfectly  utilized.  The  necessity  of  consolidating  the  various  branches  of  Gov¬ 
ernment  forest  work  became  apparent,  and  was  urged  upon  Congress  by  the 


ADMINISTRATION  OF  THE  NATIONAL  FORESTS. 


15 


President  and  by  the  executive  officers  concerned.  Finally,  tlie  act  of  February 
1,  1905  (33  Stat.,  628),  transferred  to  the  Secretary  of  Agriculture  entire 
jurisdiction  over  the  National  Forests,  except  in  matters  of  surveying  and 
passage  of  title  to  land.  This  act  was  as  follows : 

The  Secretary  of  the  Department  of  Agriculture  shall,  from  and  after  the  pas¬ 
sage  of  this  act,  execute  or  cause  to  be  executed  all  laws  affecting  public  lands 
heretofore  or  hereafter  reserved  under  the  provisions  of  section  twenty-four  of 
the  act  entitled  “An  act  to  repeal  the  timber-culture  laws,  and  for  other  pur¬ 
poses,”  approved  March  third,  eighteen  hundred  and  ninety-one,  and  acts  sup¬ 
plemental  to  and  amendatory  thereof,  after  such  lands  have  been  so  reserved, 
excepting  such  laws  as  affect  the  surveying,  prospecting,  locating,  appropriating, 
entering,  relinquishing,  reconvejdng,  certifying,  or  patenting  of  any  such  lands. 

THE  FOREST  SERVICE  AND  THE  NATIONAL  FORESTS. 

ESTABLISHMENT. 

The  Secretary  of  Agriculture  is  empowered  by  Congress  to  “make  such  rules 
and  regulations,  and  to  establish  such  service  as  will  insure  the  objects  of 
such  reservations  (National  Forests),  namely,  to  regulate  their  occupancy  and 
use,  and  to  preserve  the  forests  from  destruction.”  Under  the  provisions  of 
this  act  the  Secretary  has  made  and  published  regulations  relating  to  the 
protection  and  use  of  the  National  Forests,  and  has  established  the  Forest 
Service  to  carry  such  regulations  into  effect.1 

PURPOSES  OF  ADMINISTRATION. 

The  regulations  and  instructions  for  the  use  of  the  National  Forests  given  in 
this  manual  are  in  accordance  with  the  organic  acts  and  with  the  various  sup¬ 
plementary  and  amendatory  laws  passed  since  June  4,  1897.  They  ,  embody  the 
general  policy  laid  down  for  the  Forest  Service  by  the  Secretary  of  Agriculture 
in  his  letter  to  the  Forester  dated  February  1,  1905 : 

“  In  the  administration  of  the  forest  reserves  it  must  be  clearly  borne  in  mind 
that  all  land  is  to  be  devoted  to  its  most  productive  use  for  the  permanent  good 
of  the  whole  people  and  not  for  the  temporary  benefit  of  individuals  or  com¬ 
panies.  All  the  resources  of  forest  reserves  are  for  use,  and  this  use  must  be 
brought  about  in  a  thoroughly  prompt  and  businesslike  manner,  under  such 
restrictions  only  as  will  insure  the  permanence  of  these  resources.  The  vital 
importance  of  forest  reserves  to  the  great  industries  of  the  Western  States  will 
be  largely  increased  in  the  near  future  by  the  continued  steady  advance  in  set¬ 
tlement  and  development.  The  permanence  of  the  resources  of  the  reserves  is 
therefore  indispensable  to  continued  prosperity,  and  the  policy  of  this  depart¬ 
ment  for  their  protection  and  use  will  invariably  be  guided  by  this  fact,  always 
bearing  in  mind  that  the  conservative  use  of  these  resources  in  no  way  conflicts 
with  their  permanent  value. 

“  You  will  see  to  it  that  the  water,  wood,  and  forage  of  the  reserves  are  con¬ 
served  and  wisely  used  for  the  benefit  of  the  home  builder  first  of  all,  upon 
whom  depends  the  best  permanent  use  of  lands  and  resources  alike.  The  con¬ 
tinued  prosperity  of  the  agricultural,  lumbering,  mining,  and  live-stock  interests 
is  directly  dependent  upon  a  permanent  and  accessible  supply  of  water,  wood, 
and  forage  as  well  as  upon  the  present  and  future  use  of  these  resources  under 
businesslike  regulations  enforced  with  promptness,  effectiveness,  and  common 
sense.  In  the  management  of  each  reserve  local  questions  will  be  decided  upon 
local  grounds ;  the  dominant  industry  will  be  considered  first,  but  with  as  little 
restriction  to  minor  industries  as  may  be  possible ;  sudden  changes  in  industrial 


1  The  public  lands  are  held  in  trust  for  the  whole  people,  not  for  the  people  of  the 
States  within  which  they  are  located.  The  Government  has  in  its  lands  all  the  rights 
of  an  individual  proprietor  to  maintain  its  possession  and  prosecute  trespassers.  It  may 
deal  with  them  as  an  individual  may  deal  with  his  lands.  It  may  sell  or  withhold  them 
from  sale  or  settlement.  It  may  absolutely  prohibit  or  fix  the  terms  on  which  they  may 
be  used.  The  constitutional  declaration  that  “  Congress  shall  have  power  to  dispose  of 
and  make  all  needful  rules  and  regulations  respecting  the  territory  or  the  property 
belonging  to  the  United  States  ”  (Art.  IV,  sec.  3)  places  in  Congress  authority  and  dis¬ 
cretion  to  exercise  the  above  rights  and  powers  ;  and  Congress  may  therefore  reserve  or 
authorize  the  President  to  reserve  public  lands  as  National  Forests  without  the  consent 
of  the  State  within  whose  borders  they  lie.  (From  decision  of  United  States  Supreme 
Court,  Light  v.  United  States,  220  U.  S..  523,  and  cases  therein  cited.) 


16 


THE  USE  BOOK. 


conditions  will  be  avoided  by  gradual  adjustment  after  due  notice,  and  where 
conflicting  interests  must  be  reconciled  the  question  will  always  be  decided  from 
the  standpoint  of  the  greatest  good  to  the  greatest  number  iii  the  long  run.” 

ORGANIZATION. 

The  administration  of  the  National  Forests  and  the  conduct  of  all  matters 
relating  to  forestry  which  have  been  placed  upon  the  Department  of  Agriculture 
by  Congress  are,  under  the  direction  of  the  Secretary  of  Agriculture,  in  charge 
of  the  Forester,  who  is  the  Chief  of  the  Forest  Service.  The  office  of  the  For¬ 
ester  is  in  Washington,  D.  C. 

Administrative  districts. 

For  the  better  administration  of  the  National  Forests  six  districts  have  been 
established,  with  headquarters  at  the  following  places: 

District  1.  Missoula,  Mont. 

District  2.  Denver,  Colo. 

District  3.  Albuquerque,  N.  Mex. 

District  4,  Ogden,  Utah. 

District  5,  San  Francisco,  Cal. 

District  G.  Portland,  Oreg. 

Each  administrative  district  embraces  a  number  of  National  Forests,  and 
is  in  charge  of  an  officer  known  as  the  district  forester,  who  is  responsible  to 
the  Forester  for  all  administrative  and  technical  work  performed  within  the 
district.  Each  district  forester  is  aided  by  several  assistant  district  foresters 
and  specialists  in  various  branches  of  the  work. 

QUALIFICATIONS  AND  DUTIES  OF  FOREST  OFFICERS. 

All  permanent  positions  in  the  Forest  Service  are  in  the  classified  civil  service. 
Vacancies  are  filled  through  selections  from  eligibles  certified  by  the  Civil 
Service  Commission  and  by  promotion  in  rank.  Definite  information  as  to  the 
times  and  places  at  which  examinations  are  held  may  be  obtained  only  from 
the  Civil  Service  Commission,  Washington,  D.  C. 

Supervisors  and  deputy  supervisors. 

Each  National  Forest  is  in  charge  of  a  forest  supervisor,  who  plans  the  work 
on  his  Forest  under  the  instructions  of  the  district  forester  and  supervises  its 
execution.  When  the  amount  of  business  on  a  National  Forest  warrants  it, 
the  supervisor  is  assisted  by  a  deputy  supervisor,  who  has  such  duties  and 
authority  as  may  be  delegated  to  him  by  the  supervisor. 

The  positions  of  forest  supervisor  and  deputy  supervisor  are  filled  only  by 
the  promotion  or  transfer  of  experienced  men  from  classified  positions  in  the 
Forest  Service.  . 

Supervisors’  headquarters  are  located  in  towns  conveniently  situated  with 
regard  to  the  Forests. 

Forest  examiners. 

Forest  examiners  are  employed  upon  such  lines  of  technical  work  on  the 
National  Forests  as  the  examination  and  mapping  of  forest  areas,  reports  on 
applications  for  the  purchase  of  timber,  marking,  scaling,  and  managing  timber 
sales,  survey  of  boundaries,  nursery  work,  and  forest  planting.  The  forest 
examiner  is  placed  directly  under  the  supervisor,  who  directs  his  work  and  to 
whom  he  submits  his  reports.  The  position  is  filled  through  a  technical  exami¬ 
nation,  calling  for  a  great  deal  of  specialized  knowledge.  Only  applicants  with 
the  following  minimum  training  and  experience  are  eligible  for  examination: 
(«)  Not  less  than  one  full  school  year’s  theoretical  and  practical  experience  in 
forestry  at  a  forest  school  or  an  established  department  of  forestry  in  an 
institution  of  collegiate  grade;  (b)  for  those  who  have  not  attended  a  forest 
school,  not  less  than  two  years’  experience  in  practical  forestry  in  the  field. 
The  examination  is  held  in  March  of  each  year.  The  entrance  salary,  for  the 
grade  of  forest  assistant,  is  $1,100  per  annum,  and  the  appointee  may  be  re¬ 
quired  to  supply  his  own  horse  and  riding  equipment. 

Rangers. 

Routine  work  involved  in  the  supervision  of  timber  sales,  grazing,  free  use, 
special  use,  and  other  contracts  and  permits,  the  carrying  out  of  the  protection 


ADMINISTRATION  OF  THE  NATIONAL  FORESTS. 


17 


and  improvement  plans,  and  other  administrative  activities  is  performed  by 
rangers.  Each  Forest  is  divided  into  ranger  districts  of  such  a  size  that,  under 
ordinary  conditions,  all  the  regular  work  can  be  bandied  effectively  by  one  fully 
qualified  ranger  with  the  necessary  temporary  assistants.  The  average  ranger 
district  has  about  00,000  acres,  but  where  means  of  travel  and  communication 
are  good,  or  where  there  is  only  a  small  volume  of  business  or  the  fire  hazard 
is  low,  very  much  larger  districts  may  be  established. 

The  district  rangers  have  their  headquarters  at  the  nearest  business  center, 
or  if  that  is  not  practicable,  permanent  headquarters  with  barn  and  pasture 
are  provided  on  the  Forests. 

The  requirements  for  assistant  forest  ranger,  the  grade  to  which  appointments 
are  made,  are  as  follows : 

REGULATION  G.  A.-l.  Only  citizens  of  the  United  States  and  those  who 
have  declared  their  intention  to  become  such,  and  who  are  between  the  ages  of 
21  and  40,  are  eligible  for  ranger  examinations.  Selection  for  appointment  will 
be  made  when  practicable  from  qualified  citizens  of  the  State  in  which  the 
National  Forests,  respectively,  are  situated.  These  qualifications  will  not  be 
waived  under  any  circumstances.  (Issued  August  12,  1012.) 

The  entrance  salary  is  $1,100  per  annum,  and  the  appointee  will  nearly  always 
be  required  to  provide  his  own  horse  or  other  means  of  transportation,  though 
a  limited  amount  of  forage  is  usually  supplied  by  the  Service. 

Physical  soundness  and  endurance  are  essential  on  account  of  the  heavy 
labor  and  exposure  involved  in  such  work  as  building  improvements  and 
fighting  fire.  The  examination  consists  of  a  written  test,  a  field  test  embracing 
compass  surveying,  timber  work,  and  the  handling  of  horses,  and  a  rating  of 
training,  experience,  and  fitness.  In  the  Southwest  a  knowledge  of  the  Spanish 
language  is  also  required.  The  examination  is  usually  given  in  October  of  each 
year,  at  each  supervisor’s  headquarters.  The  most  successful  rangers  are 
usually  those  who  have  been  brought  up  in  timber  work  or  on  ranches  or 
farms,  and  who  are  thoroughly  familiar,  through  long  residence,  with  the  region 
in  which  they  are  employed. 

Lumbermen. 

Lumbermen  are  appointed  after  a  civil-service  examination,  which  requires 
much  previous  experience  in  woods  work  and  a  high  degree  of  proficiency  in 
cruising,  logging,  and  milling.  A  thorough  knowledge  of  scaling  methods  is 
absolutely  necessary.  Lumbermen  are  assigned  temporarily  to  Forests  where 
the  need  for  their  work  arises. 

Scalers. 

Scalers  are  appointed  after  a  civil-service  examination,  which  requires  much 
previous  experience  in  scaling  and  woods  work. 

Planting  assistants. 

The  position  of  planting  assistant  requires  special  training  in  nursery  and 
planting  work.  The  duties  include  the  preparation  of  seed  beds,  seed  sowing, 
transplanting  and  care  of  seedlings,  and  field  planting. 

Forest  guards,  field  assistants,  and  temporary  laborers. 

Skilled  and  unskilled  labor  of  a  temporary  character  required  in  the  use, 
protection,  and  improvement  of  the  National  Forests,  is  performed  by  forest 
guards,  field  assistants,  and  temporary  laborers.  These  positions  are  not  in 
the  classified  civil  service,  but  are  filled  through  selection  by  the  forest  super¬ 
visor  or  by  officers  in  charge  of  field  parties,  to  whom  application  for  employ¬ 
ment  should  be  made. 

Forest  clerks. 

Clerical  work  in  the  supervisor’s  office  is  performed  by  forest  clerks.  Only 
male  applicants  are  admitted  to  the  examination,  which  is  held  as  required. 
Proficiency  in  stenography,  typewriting,  and  the  elements  of  bookkeeping  is 
tested.  The  entrance  salary  is  from  $1,100  to  $1,200. 

Minor  clerks  and  stenographers  are  selected  from  the  register  established 
for  the  Government  service  at  large,  in  which  no  sex  limitation  exists.  The 
entrance  salary  is  ordinarily  $900  per  annum. 

2268°— la - 2 


18 


THE  USE  BOOK. 


AUTHORITY  OF  FOREST  OFFICERS. 

All  Forest  officers  have  power  to  arrest  without  warrant  any  person  whom 
they  discover  in  the  act  of  violating  the  National  Forest  laws  and  regulations, 
or  if  a  violation  of  such  laws  and  regulations  is  committed  out  of  the  view  of 
such  officers  they  have  the  authority  to  secure  a  warrant  from  a  United  States 
commissioner,  or,  if  one  is  not  convenient,  from  a  justice  of  the  peace,  and 
use  it  as  the  visible  sign  of  the  right  to  arrest,  and  also  to  arrest  for  any  such 
violation  on  a  warrant  obtained  by  any  competent  person. 

ACCESSIBILITY  OF  PUBLIC  RECORDS. 

REGULATION  G.  A-5.  In  general,  the  papers  on  file  in  the  offices  of  the 
Forest  Service  relating  to  the  transaction  of  National  Forest  business  are  public 
records,  and  as  such  are  open  to  the  public.  Information  should  not  be  refused 
to  persons  whose  interest  is  legitimate.  Recommendations  on  matters  pending 
should  not  be  made  public.  Equal  opportunities  for  information  must  be  given 
to  all  persons  having  an  interest  in  any  transaction.  In  conformity  with  the 
practice  and  at  the  request  of  the  Department  of  the  Interior,  all  reports  on 
public-land  claims  will  be  treated  as  confidential,  and  may  be  examined  only  by 
duly  authorized  officers  and  employees  of  the  Government.  Personnel  reports 
are  confidential,  and  may  be  examined  only  by  duly  authorized  officers  of  the 
Government.  Under  no  circumstances  will  inquirers  be  permitted  to  take  papers 
from  the  files  outside  of  the  building.  (Issued  August  12,  1912;  amended  to 
read  as  above  May  9,  1913.) 

ASSOCIATIONS  OF  FOREST  USERS. 

REGULATION  G.  A.-10.  Wherever  any  association  whose  membership  includes 
a  majority  of  the  local  residents  using  a  National  Forest,  or  portion  thereof,  for 
like  purposes,  shall  select  a  committee,  an  agreement  on  the  part  of  which  shall 
be  binding  upon  the  association,  such  committee,  upon  application  to  the  district 
forester,  may  be  recognized  in  an  advisory  capacity  on  behalf  of  the  association, 
and  shall  be  entitled  to  receive  notice  of  proposed  action  and  have  an  oppor¬ 
tunity  to  be  heard  by  the  local  Forest  officer  in  reference  to  any  proposed 
changes  likely  to  materially  affect  the  use  or  interest  in  the  Forest  or  portion 
thereof  enjoyed  by  such  permittees.  The  general  principles  of  recognition  and 
responsibility  governing  cooperation  with  live-stock  associations  are  herewith 
extended,  so  far  as  they  are  applicable,  to  the  other  regular  lines  of  business 
conducted  on  the  National  Forests.  (Issued  July  3,  1913,  to  take  effect  July  15, 
1913.) 

HOW  TO  REMIT  MONEY. 

Forest  officers  are  prohibited  from  receiving  payments  for  the  sale  of  timber 
or  the  use  of  any  forest  lands  or  resources.  All  such  payments  must  be  made 
to  a  designated  depository  of  the  United  States  Treasury.  The  remittance  to 
the  depository  should  be  in  the  form  of  a  draft  on  New  York  or  a  postal  or 
express  money  order,  and  must  be  accompanied  by  a  letter  explaining  the  pur¬ 
pose  of  the  remittance.  Form  letters  of  transmittal  for  this  purpose  will  be 
furnished  by  Forest  officers. 

The  designated  depositories  are  as  follows: 

District  1,  Western  Montana  National  Bank,  Missoula,  Mont. 

District  2,  Denver  National  Bank,  Denver,  Colo. 

District  3,  First  National  Bank,  Albuquerque,  N.  Mex. 

District  4,  First  National  Bank,  Ogden,  Utah. 

District  5,  First  National  Bank,  San  Francisco,  Cal. 

District  G,  Lumbermens  National  Bank,  Portland,  Oreg. 


PAET  II.— TIMBEE  SALES,  TIMBEE  SETTLEMENT,  EEEE  USE. 


TIMBER  SALES. 


NATIONAL  FOREST  TIMBER  FOR  SALE. 

All  mature  timber  on  the  National  Forests  which  may  be  cut  with  benefit,  in 
accordance  with  the  principles  of  forestry,  is  for  sale,  and  will  be  offered  as 
demand  arises.  Only  stumpage  is  sold,  the  title  to  the  land  remaining  with  the 
Government.  Timber  may  be  sold  in  amounts  ranging  from  a  few  thousand 
feet  up  to  whatever  amount  may  be  necessary  to  warrant  the  investment  re¬ 
quired  for  constructing  a  railroad  or  other  means  of  transportation  into  com¬ 
paratively  inaccessible  regions. 

purchaser’s  first  step. 

The  first  step  for  anyone  desiring  to  purchase  Government  timber  is  to  com¬ 
municate  with  an  officer  of  the  Forest  on  which  the  timber  is  located.  If  the 
amount  desired  is  small,  the  local  ranger  can  arrange  the  sale  without  delay. 
Amounts  valued  at  more  than  $50  can  be  sold  only  by  the  supervisor  or  by  the 
district  forester  or  the  Forester,  according  to  the  size  of  the  sale.  (See  Reg. 
S-3.  This  and  other  regulations  relating  to  timber  sales  are  grouped  on  pages 
25-29.) 

Many  remote  timber  areas  have  been  cruised,  and  supervisors  are  in  posses¬ 
sion  of  reports  showing  the  location,  amount  of  timber,  and  the  other  facts 
upon  which  an  opinion  of  the  chance  is  usually  based.  Information  with 
regard  to  available  areas  or  the  sale  of  National  Forest  timber  may  be  secured 
by  addressing  the  Forester,  Forest  Service,  Washington,  D.  C. ;  the  district 
forester  at  either  Missoula,  Mont. ;  Denver,  Colo. ;  Albuquerque,  N.  Mex. ; 
Ogden,  Utah ;  San  Francisco,  Cal. ;  or  Portland,  Oreg. ;  or  the  Forest  Service, 
Federal  Building,  Chicago,  Ill. 

FOUR  CLASSES  OF  SALES. 


A 

B 

c. 

D 


Class. 


By  whom  approved. 


Maximum  amount  sold. 


Time  required  to 
consummate  sale. 


Ranger . 

Supervisor . 

! . do . 

I  District  forester  or  Forester, 


$50  (unadvertised) . 

$100  (unadvertised) . 

2,000,000  feet  b.  m.  (advertised) . 

Over  2,000,000  feet  b .  m .  (advertised) . 


1  to  5  days. 

1  to  15  days. 
35  to  90  days. 
45  to  200  days. 


ADVERTISEMENT  OF  SALE. 

All  sales  exceeding  $100  in  amount  must  be  advertised,  except  those  made 
to  homestead  settlers  and  farmers  under  the  terms  of  Regulation  S-9.  Pro¬ 
cedure  in  an  advertised  sale  is  as  follows :  After  the  applicant  has  selected 
the  body  of  timber  which  he  wishes  to  purchase,  he  will  be  furnished  by  the 
supervisor  with  a  sample  application  stating  the  area,  etimated  amount,  mini¬ 
mum  stumpage  price,  period  allowed  for  cutting  and  removing  the  timber,  and 
other  conditions  to  be  complied  with,  following  as  closely  as  possible  the  form 
of  the  final  sale  agreement.  If  the  applicant  accepts  these  conditions,  he  is 
required  to  deposit  an  amount  exceeding  the  total  estimated  cost  of  advertising 
by  approximately  25  per  cent.  The  minimum  deposit  is  $10.  A  notice  of  the 
sale  of  the  timber  is  then  published,  the  choice  of  mediums  and  number  of 
insertions  depending  upon  whether  the  sale  is  of  local,  regional,  or  general 
interest.  This  notice  describes  the  timber,  gives  the  minimum  stumpage  prices 
that  will  be  accepted,  and  specifies  the  date  upon  which  sealed  bids  will  be 

19 


20 


THE  USE  BOOK. 


received.  The  period  of  advertising  will  be  at  least  30  days,  and  in  large  sales 
may  be  90  days  or  6  months.  Forms  .for  bidding  will  be  furnished  to  the 
original  applicant  and  others  who  signify  their  intention  to  bid. 

DEPOSIT  WITH  BID. 

A  deposit  is  required  with  all  bids  to  show  the  good  faith  of  the  bidder.  In 
large  transactions  it  is  usually  from  3  to  5  per  cent  of  the  purchase  price. 

AWARDING  A  SALE. 

On  the  date  specified  in  the  advertisement  the  supervisor  (or  district  forester) 
opens  all  bids  received  and  awards  the  sale  to  the  highest  bidder.  A  sale  con¬ 
tract  is  then  prepared  and  executed  by  the  purchaser. 

FINANCIAL  STANDING  OF  APPLICANT. 

A  specific  statement  of  financial  ability  will  be  required  in  all  sales  of 
10,000,000  feet  or  more  and  in  smaller  sales  in  the  discretion  of  the  approving 
officer  (Reg.  S-14).  Such  a  statement  may  be  required  when  necessary  in 
the  judgment  of  the  approving  officer  before  the  approval  of  a  sale  application, 
either  formal  or  tentative,  and  in  any  event  before  the  timber  is  awarded  to 
the  successful  bidder. 


BONDS. 

The  contract  must  be  supported  by  a  suitable  bond  given  by  two  responsible 
sureties  or  by  a  surety  company  authorized  to  do  business  with  the  United 
States  (*Reg.  S-14),  The  following  table  indicates  the  amount  of  the  bond 
to  be  furnished : 


Amount  of 
sale. 

Amount  of 
bond. 

$3, 000-85. 000 

5, 000-10;  000 
10,000-20,000 
20,000-30,000 
30,000-40,000 
40, 000-75, 000 
Above  75, 000 

$500 

1,000 

2,000 

3,000 

4,000 

5,000 

6,000-20,000 

In  sales  exceeding  100,000,000  feet  the  amount  of  the  bond  required  is  ap¬ 
proximately  5  per  cent  of  the  value  of  the  timber  at  the  initial  stumpage  rates. 

For  bonds  in  connection  with  steam  sawmills,  see  p.  68. 

THE  SALE  CONTRACT. 

The  sale  contract  contains  in  full  all  the  conditions  under  which  the  cutting 
is  to  be  done. 

General  stipulations. 

In  all  sales  of  National  Forest  stumpage  the  contract  provides  that  no  timber 
shall  be  cut  until  it  has  been  paid  for,  and  that  it  shall  not  be  removed  until  it 
has  been  scaled  by  the  Forest  officer.  All  live  timber  will  be  marked  or  other¬ 
wise  designated  before  cutting,  and  any  merchantable  timber  utilized  for  im¬ 
provements  will  be  scaled  and  paid  for.  The  maximum  stump  height  ordi¬ 
narily  is  18  inches,  and  merchantable  timber  must  be  used  to  a  specified  diam¬ 
eter  in  the  tops,  which  is  adjusted  for  each  species  in  accordance  with  local 
manufacturing  and  market  conditions.  The  officer  in  charge  of  the  sale  is 
authorized  to  vary  the  stump  height  and  top  diameter  in  individual  cases  when 
those  specified  in  the  contract  are  not  practicable.  Tops  must  be  trimmed  up 
and,  as  a  rule,  brush  must  be  piled  and  burned,  or  burned  without  piling, 
under  the  direction  of  Forest  officers.  Merchantable  timber  which  is  not  cut 
and  removed,  and  unmarked  trees  which  are  cut,  must  be  paid  for  at  double  the 
specified  stumpage  rates. 

All  camps,  buildings,  railroads,  and  other  improvements  necessary  in  logging 
and  manufacturing  the  timber  may  be  constructed  upon  National  Forest  land 
without  charge.  Railroads  which  open  up  inaccessible  regions  may  be  required 
to  be  made  common  carriers  or  to  transport  logs  or  lumber  for  other  purchasers 
from  the  Government  at  reasonable  rates. 


21 


TIMBER  SALES,  TIMBER  SETTLEMENT,  FREE  USE. 


Fire  protection. 

Since  fire  protection  is  one  of  the  most  important  duties  of  the  Forest  Serv¬ 
ice,  provision  is  made  in  all  contracts  that  the  purchaser  place  himself  and 
employees,  as  well  as  the  employees  of  contractors,  at  the  disposal  of  authorized 
Forest  officers  in  fighting  fires.  Reimbursement  for  such  services  will  be  made 
at  the  wages  in  vogue  for  fighting  fire  on  the  Forest  in  question,  unless  the  fire 
threatens  the  timber  purchased  or  property  of  the  operator,  or  is  started  in 
connection  with  the  operation.  Under  these  conlditions  the  purchaser  is  ex¬ 
pected  to  furnish  his  available  employees  to  assist  the  Government  in  fire  fight¬ 
ing  without  charge.  Efficient  spark  arresters  are  required  on  wood  and  coal 
burning  boilers  or  locomotives.  (Reg.  S-10.)  Inflammable  material  must  be 
cleaned  up  in  the  vicinity  of  logging  engines,  and  other  precautions  taken  to 
insure  against  fire  spreading  from  this  source.  Snags  and  diseased  trees  upon 
the  sale  area  must  usually  be  felled,  whether  merchantable  or  not,  in  order  to 
remove  fire  menace  and  to  check  the  spread  of  timber  infection  or  insect  pests. 

WHEN  CUTTING  MAY  BEGIN. 


As  soon  as  the  contract  is  executed  and  the  first  payment  made  a  portion  of 
the  timber  will  be  designated  for  cutting  and  the  purchaser  may  begin  opera¬ 
tions  at  once. 

ADVANCE  CUTTING. 


Applications  for  permission  to  begin  cutting  in  advance  of  the  execution  of 
the  contract  will  be  approved  or  recommended  only  to  prevent  serious  hardship 
and  delay  or  unnecessary  expense  to  the  purchaser.  (Reg.  S-8.) 

The  permit  for  advance  cutting  does  not  give  the  applicant  the  right  to  take 
all  the  timber  which  he  has  applied  for  at  the  rate  of  the  highest  bid,  but 
merely  to  take  such  timber  as  he  cuts  before  the  completion  of  the  advertise¬ 
ment.  In  no  case  will  he  be  allowed  to  cut  timber  in  excess  of  the  amount 
covered  by  his  deposit.  If  the  only  bid  received  is  from  the  applicant  for  ad¬ 
vance  cutting,  and  if  this  is  accepted,  the  supervisor  will  allow  cutting  to  con¬ 
tinue  after  the  expiration  of  the  advertisement  uncil  the  contract  is  presented 
for  execution,  provided  the  deposits  are  sufficient.  The  bid  must  be  submitted 
and  a  contract  providing  for  payment  at  the  highest  price  bid  executed  imme¬ 
diately,  otherwise  cutting  will  be  suspended  until  these  requirements  are  met. 

PRIVATE  SALE  OF  ADVERTISED  TIMBER. 


Contracts  to  dispose  of  timber  which  has  been  advertised  but  for  which  no 
satisfactory  bid  was  received  or  sale  consummated  may  be  made  at  any  time, 
through  private  negotiations,  by  the  officer  having  authority  to  sell  the  amount 
of  timber  involved.  The  price  must  not  be  less  than  the  highest  price  offered, 
if  any  bid  was  received,  and  in  no  case  less  than  the  minimum  named  in  the 
advertisement.  (Reg.  S-9.) 


UNADVERTISED  SALES  TO  SETTLERS  AND  FARMERS. 


Sales  to  homestead  settlers  and  farmers  under  Regulation  S-9  will  be  made 
without  advertisement,  in  any  amount  desired,  at  the  price  fixed  annually  for 
each  National  Forest  region  of  similar  conditions  by  the  Secretary  as  equiva¬ 
lent  to  the  actual  cost  of  making  and  administering  such  sales. 

Only  material  to  be  used  by  the  purchaser  for  domestic  purposes  exclusively 
on  homesteads  or  farms  will  be  sold  under  this  regulation.  Such  uses  include 
the  construction  or  repair  of  farm  buildings  of  any  character,  fences  and 
other  improvements,  and  fuel.  Sales  under  this  regulation  will  not  be  made  to 
agents  employed  by  the  person  or  persons  who  will  use  the  timber  cut,  to 
manufacturers  or  others  who  propose  to  sell  the  material  to  settlers  or  farmers, 
or  to  persons  who  have  on  their  own  lands  a  sufficient  and  reasonably  accessible 
supply  of  material  suitable  for  the  purposes  required.  Such  sales  will,  further¬ 
more,  be  restricted  to  mature  dead  and  down  timber  which  may  be  cut  with¬ 
out  injury  to  the  Forest,  as  close  utilization  of  inferior  species  and  grades  of 
material  as  practicable  for  the  purposes  of  the  purchaser  will  be  required. 


22 


THE  USE  BOOK. 


MARKING  TREES  TO  BE  CUT. 

In  order  to  insure  proper  restocking  of  the  ground,  all  live  trees  must  be 
marked  or  designated  by  the  Forest  officer  before  cutting.  If  desired,  sample 
areas  will  be  marked  for  the  information  of  the  purchaser  before  the  final 
contract  is  signed.  Usually  one-tenth  to  one- third  of  the  stand  is  reserved, 
either  scattered  over  the  entire  tract  or  distributed  in  groups. 

SCALING  TIMBER. 

Although  the  contract  contains  an  estimate  of  the  timber  to  be  cut,  National 
Forest  timber  is  not  sold  upon  mere  estimate.  Payment  is  made  upon  the  actual 
log  scale  of  the  timber  cut,  according  to  the  Scribner  Decimal  C  Rule.  Scaling 
will  be  done  by  an  officer  of  the  Forest  Service  and  proper  allowance  made 
for  defects.  Purchasers  may  be  required  to  skid  logs  for  scaling,  unless  this 
will  greatly  increase  the  cost  of  logging. 

Log  lengths. 

On  all  National  Forests,  except  those  in  Alaska  and  west  of  the  summit  of  the 
Cascade  Mountains  in  Washington  and  Oregon,  logs  over  16  feet  long  will  be 
scaled  as  two  or  more  logs  in  lengths  not  less  than  12  feet,  if  possible. 

Special  rule  for  Alaska  and  west  slope  of  Cascades. — On  the  National  Forests 
in  Alaska  and  west  of  the  Cascade  Mountains  in  Washington  and  Oregon  logs 
up  to  and  including  32  feet  long  will  be  scaled  as  one  log ;  lengths  from  34 
feet  to  64  feet,  inclusive,  will  be  scaled  as  two  logs,  dividing  them  at  the  center 
as  near  as  may  be  in  even  feet.  Thus  a  34-foot  log  will  be  scaled  as  an  18-foot 
log  and  a  16-foot  top  log.  A  36-foot  log  will  be  scaled  as  two  18-foot  logs. 

Unnecessary  loss  in  manufacture  not  considered. 

It  is  assumed  that  purchasers  utilize  the  maximum  amount  of  material  in 
manufacture.  Since  the  Government  can  not  be  held  responsible  for  loss  caused 
by  poor  equipment  or  poor  management,  the  scaler  will  not  take  them  into 
consideration. 

The  loss  may  be  caused  by  too  thick  slabbing,  cutting  material  too  thick  or 
too  wide  at  the  main  saw,  poorly  “  sized  ”  lumber,  excessive  “  crowding  ”  by 
the  sawyer,  poorly  kept  saws  which  “  run.”  waste  in  topping  and  trimming 
through  ignorance  or  carelessness,  or  sawing  for  a  certain  class  of  material 
regardless  of  the  waste  it  involves. 

Measuring  diameters. 

All  diameters  will  be  measured  inside  the  bark  at  the  top  end  of  the  log. 
Diameters  will  be  rounded  off  to  the  nearest  inch  above  or  below  the  actual 
diameter. 

Merchantable  material. 

In  general  a  log  containing  sufficient  sound  material  to  saw  out  salable 
lumber  equal  to  one-third  of  its  contents  as  given  by  the  scale  rule  is  termed 
merchantable.  This  will  be  varied  in  accordance  with  the  character  of  the 
timber  and  local  market  conditions. 

Ties. 

Ties  are  sold  by  the  piece,  actually  scaled  or  counted,  and  the  number  mul¬ 
tiplied  by  the  average  contents  as  the  contract  provides.  The  following  ratios 
are  used  :  8-foot  ties,  standard  face,  33J  board  feet  each,  or  30  ties  to  the 
thousand ;  8-foot  ties,  second  class,  and  6-foot  ties,  standard  face,  25  board  feet 
each,  or  40  ties  to  the  thousand. 

Shakes  and  shingle  bolts. 

Shake  and  shingle  material  is  measured  by  the  cord  or  by  the  thousand  feet, 
board  measure,  a  cording  to  local  custom.  As  a  rule,  a  cord  of  shingle  bolts 
is  considered  equal  to  600  board  feet. 

Lagging. 

Lagging  is  measured  by  the  cord  or  linear  foot  or  by  the  piece,  or  where 
split  lagging  is  used  by  the  board  foot,  each  cubic  foot  counting  as  12  board 
feet. 

Poles,  posts,  etc. 

Poles,  posts,  piles,  and  stulls  are  scaled  and  sold  by  the  linear  foot  or  by  the 
piece,  as  circumstances  warrant. 


TIMBER  SALES,  TIMBER  SETTLEMENT,  FREE  USE, 


23 


STAMPING  LOGS  AND  OTHER  MATERIAL. 

After  scaling,  each  merchantable  log  will  be  stamped  “US”  on  at  least  one 
end;  each  stick  of  timber,  tie,  post,  pole,  and  pile  is  stamped  on  at  least  one 
end.  Cordwood  is  stamped  at  both  top  and  bottom  of  each  pile. 

Scribner  Decimal  “  C  ”  Log  Rule. 

FOR  LOGS  UP  TO  AND  INCLUDING  32  FEET  IN  LENGTH. 

[  Contents  of  logs.] 


Length  (feet) — 


Diameter  in 


inches. 

6 

8 

10 

12 

14 

16 

18 

20 

22 

24 

26 

28 

30 

32 

Board 

Board 

Board 

Board 

Board 

Board 

Board 

Board 

Board 

Board 

Board 

Board 

Board 

Board 

feet. 

feet. 

feet. 

feet. 

feet. 

feet. 

feet . 

feet. 

feet. 

feet. 

feet. 

feet. 

feet. 

feet. 

6 . 

0.5 

0.5 

1 

1 

1 

2 

2 

2 

3 

3 

3 

4 

4 

5 

7 . 

0.5 

1 

1 

2 

2 

3 

3 

3 

4 

4 

4 

5 

5 

6 

8 . 

1 

1 

2 

2 

2 

3 

3 

3 

4 

4 

5 

6 

6 

7 

9 . 

1 

2 

3 

3 

3 

4 

4 

4 

5 

6 

6 

7 

8 

9 

10 . 

2 

3 

3 

3 

4 

6 

6 

7 

8 

9 

9 

10 

11 

12 

11 . 

2 

3 

*  4 

4 

5 

7 

8 

8 

9 

10 

11 

12 

13 

14 

12 . 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

13 . 

4 

5 

6 

7 

8 

10 

11 

12 

13 

15 

16 

17 

18 

19 

14 . 

4 

6 

7 

9 

10 

11 

13 

14 

16 

17 

19 

20 

21 

23 

15 . 

5 

7 

9 

11 

12 

14 

16 

18 

20  • 

21 

23 

25 

27 

28 

16 . 

6 

8 

10 

12 

14 

16 

18 

20 

22 

24 

2S 

28 

30 

32 

17 . 

7 

9 

12 

14 

16 

18 

21 

'  23 

25 

28 

30 

32 

35 

37 

18 . 

8 

11 

13 

16 

19 

21 

24 

27 

29 

32 

35 

37 

40 

43 

19 . 

9 

12 

15 

18 

21 

24 

27 

30 

33 

36 

39 

42 

45 

48 

20 . 

11 

14 

17 

21 

24 

28 

31 

35 

38 

42 

45 

49 

52 

56 

21 . 

12 

15 

19 

23 

27 

30 

34 

38 

42 

46 

49 

53 

57 

61 

22 . 

13 

17 

21 

25 

29 

33 

38 

42 

46 

50 

54 

58 

63 

67 

23 . 

14 

19 

23 

28 

33 

38 

42 

47 

52 

57 

61 

66 

71 

75 

24 . 

15 

21 

25 

30 

35 

40 

45 

50 

55 

61 

66 

71 

76 

81 

25 . 

17 

23 

29 

34 

40 

46 

52 

57 

63 

69 

75 

80 

86 

92 

26 . 

19 

25 

31 

37 

44 

50 

56 

62 

69 

75 

82 

88 

94 

100 

27 . 

21 

27 

34 

41 

48 

55 

62 

68 

75 

82 

89 

96 

103 

110 

28 . 

22 

29 

36 

44 

51 

58 

65 

73 

80 

87 

95 

102 

109 

116 

29 . 

23 

31 

38 

46 

53 

61 

68 

76 

84 

91 

99 

107 

114 

122 

30 . 

25 

33 

41 

49 

57 

66 

74 

82 

90 

99 

107 

115 

123 

131 

31 . 

27 

36 

44 

53 

62 

71 

80 

89 

98 

106 

115 

124 

133 

142 

32 . 

28 

37 

46 

55 

64 

74 

83 

92 

101 

HO 

120 

129 

138 

147 

33 . 

29 

39 

49 

59 

69 

78 

88 

98 

108 

118 

127 

lg7 

147 

157 

34 . 

30 

40 

50 

60 

70 

80 

90 

100 

110 

120 

130 

140 

150 

160 

35 . 

33 

.44 

55 

66 

77 

88 

98 

109 

120 

131 

142 

153 

164 

175 

36 . 

35 

46 

58 

69 

81 

92 

104 

115 

127 

138 

150 

161 

173 

185 

37 . 

39 

51 

64 

77 

90 

103 

116 

129 

142 

154 

167 

180 

193 

206 

38 . 

40 

54 

67 

80 

93 

107 

120 

133 

147 

160 

174 

187 

200 

214 

39 . 

42 

56 

70 

84 

98 

112 

126 

140 

154 

168 

182 

196 

210 

224 

40 . 

45 

60 

75 

90 

105 

120 

135 

150 

166 

181 

196 

211 

226 

241 

41 . 

48 

64 

79 

95 

111 

127 

143 

159 

175 

191 

207 

223 

238 

254 

42 . 

.50 

67 

•  84 

101 

117 

134 

151 

168 

185 

201 

218 

235 

252 

269 

43 . 

52 

70 

87 

105 

122 

140 

157 

174 

192 

209 

•  227 

244 

262 

279 

44 . 

56 

74 

93 

111 

129 

148 

166 

185 

204 

222 

241 

259 

278 

296 

45 . 

57 

76 

95 

114 

133 

152 

171 

190 

209 

228 

247 

266 

286 

304 

46 . 

59 

79 

99 

119 

139 

159 

178 

198 

218 

238 

258 

278 

297 

317 

47 . 

62 

83 

104 

124 

145 

166 

186 

207 

228 

248 

269 

290 

310 

331 

48 . 

65 

86 

108 

130 

151 

173 

194 

216 

238 

260 

281 

302 

324 

346 

49 . 

67 

90 

112 

135 

157 

180 

202 

225 

247 

270 

292 

314 

337 

359 

50 . 

70 

94 

117 

140 

164 

187 

211 

234 

257 

281 

304 

328 

351 

374 

51 . 

73 

97 

122 

146 

170 

195 

219 

243 

268 

292 

315 

341 

365 

389 

52 . 

76 

101 

127 

152 

177 

202 

228 

253 

278 

304 

329 

354 

380 

405 

PAYMENTS  FOR  TIMBER. 

9 

Payment  must  be  made  for  all  timber  in  advance  of  cutting.  (Reg.  S-5, 
p.  20.)  This,  however,  does  not  imply  that  one  advance  payment  must  be  made 
covering  the  stumpage  value  of  all  the  timber  included  in  the  sale.  Frequent 


24 


THE  USE  BOOK. 


installments  are  allowed,  sufficient  usually  to  cover  the  cut  of  one  or  two 
months.  (Reg.  S-6.)  As  soon  as  one  installment  is  exhausted  the  purchaser  is 
requested  to  make  another. 

This  arrangement  makes  it  possible  to  secure  large  tracts  of  National  Forest 
timber  at  a  very  slight  initial  outlay  and  to  hold  them  with  almost  no  interest 
charges.  The  other  usual  carrying  charges,  taxes,  and  fire  protection  are 
eliminated.  The  timber  is  protected  from  fire  by  the  United  States  throughout 
the  life  of  the  contract. 

Requests  for  postponements  of  payments  can  not  be  considered.  In  sales  of 
$100  or  less  the  full  amount  will  as  a  rule  be  required  in  one  payment  in 
advance  of  cutting. 

Money  deposited  to  cover  cost  of  advertisement  or  to  secure  advance  cutting 
may  be  credited  toward  the  amount  to  accompany  bid. 

REFUNDS. 

Deposits  to  cover  cost  of  advertising  and  to  accompany  bids  apply  on  the 
first  payment  if  a  sale  is  awarded  to  the  depositor;  otherwise  they  will  be 
refunded.  If,  however,  an  examination  is  made  and  timber  advertised  as  a 
result  of  an  application  and  the  applicant  fails  to  complete  the  purchase,  a 
sum  sufficient  to  cover  the  cost  of  making  the  examination  and  advertising  the 
timber  may  be  retained,  at  the  discretion  of  the  officer  approving  the  sale. 
(Reg.  S-4.)  Refunds  to  bidders  will  be  made  in  Class  C  sales  on  vouchers 
prepared  by  the  supervisor  and  in  Class  D  sales  on  vouchers  prepared  by  the 
district  forester. 

If  a  purchaser  who  has  deposited  money  in  a  timber  sale  afterwards  violates 
any  of  the  terms  of  his  contract,  an  amount  sufficient  to  cover  damages  caused 
to  the  United  States  may  be  'withheld  from  the  refund  otherwise  due  him. 

Purchasers  who  have  complied  with  the  terms  of  their  contract  and  have 
cut  all  the  designated  timber  from  the  sale  area  are  entitled  to  the  refund  of 
any  balance  they  may  have  on  deposit.  (Reg.  S-5.)  When  a  contract  is  can¬ 
celed  by  mutual  agreement  a  refund  of  the  amount  not  due  the  United  States 
may  be  made,  provided  the  terms  of  the  contract  have  been  complied  with. 
Generally  speaking,  all  money  not  due  the  Government  on  any  transaction  will 
be  refunded  unless  the  purchaser  has  willfully  neglected  to  remove  his  timber 
within  the  time  specified,  or  has  been  negligent  in  carrying  out  the  terms  of 
the  contract.  Refunds  of  $1  or  less  will  not  be  made  unless  the  purchaser 
definitely  requests  it.  Refunds  can  be  made  only  to  the  original  depositor  or 
his  executor  or  administrator,  and  in  the  latter  case  an  exemplified  copy  of 
letters  testamentary  or  of  administration  must  accompany  the  voucher.  The 
original  will  be  executed  by  the  depositor  or  his  legal  representative. 

DETERMINATION  OF  STUMPAGE  RATES. 

The  minimum  stumpage  rates  applicable  in  each  proposed  sale  are  determined 
by  a  careful  study  of  the  conditions  in  the  particular  case.  A  careful  estimate 
of  the  cost  of  operation  is  first  made.  This  includes  the  cost  of  brush  disposal, 
cutting  snags,  and  other  special  requirements  of  Forest  Service  contracts.  If 
not  already  at  hand,  the  average  selling  price  of  the  manufactured  material  is 
ascertained  for  the  locality  in  which  the  product  will  be  marketed.  A  deduc¬ 
tion  is  then  made  to  assure  the  purchaser  a  profit  at  a  reasonable  rate  upon 
his  investment.  The  rate  of  profit  will  vary  with  the  degree  of  risk  involved. 
The  stumpage  rate  for  each  species  is  then  determined  by  deducting  the  cost 
of  operation  and  the  profit  from  the  average  sale  price. 

PERIOD  OF  CUTTING. 

Ordinarily  the  cutting  period  allowed  in  each  sale  will  be  only  sufficient  to 
permit  the  removal  of  the  timber  at  a  reasonable  rate,  approximately  equivalent 
to  the  working  capacity  of  the  plant.  Sales  of  accessible  timber  usually  do  not 
exceed  five  years  in  length.  However,  in  the  case  of  inaccessible  tracts  requir¬ 
ing  a  large  investment  for  transportation  facilities  an  exception  may  be  made 
and  longer  cutting  periods  granted.  (Reg.  S-13.) 

READJUSTMENTS  OF  STUMPAGE  RATES  BY  PERIODS. 

In  all  sales  exceeding  five  years  in  length  provision  will  be  made  to  have 
the  stumpage  rates  readjusted  by  the  Forester  at  the  end  of  three  or  five  year 


TIMBER  SALES,  TIMBER  SETTLEMENT,  FREE  USE. 


2o 


intervals.  The  readjusted  prices  will  be  based  upon  increases  in  the  average 
selling  price  of  the  lumber.  A  certain  percentage,  of  the  increase  in  the  average 
selling  price  during  the  two  years  preceding  each  readjustment  will  be  added 
to  the  initial  rates  by  the  Forester,  fixing  the  price  for  the  next  three  or  five 
years.  This  proportion  is  always  specified  in  the  contract  and  is  intended  to 
allow  the  purchaser  a  sufficient  part  in  the  increase  in  selling  price  to  cover 
any  possible  increase  in  the  cost  of  production.  The  readjustment  provision 
will  be  varied  in  specific  cases  to  make  the  contract  equable  for  the  purchaser 
under  actual  conditions  as  to  amount  of  investment,  estimated  profits,  risk,  etc. 

Contracts  may  be  modified  to  prevent  unnecessary  hardships  to  purchasers, 
when  such  modification  will  not  cause  damage  or  loss  to  the  United  States. 
No  Forest  officer  can  modify  a  contract  verbally.  (Reg.  S-7.) 

ADMINISTRATION  OF  SALES  BY  FOREST  SERVICE. 

The  chief  objects  of  timber-sale  administration  are  to  obtain  complete  utiliza¬ 
tion  and  to  leave  the  sale  area  in  the  best  possible  forest  condition  at  a  minimum 
cost  to  the  Service.  Operations  must  conform  to  reasonable  requirements  in 
the  interest  of  economical  administration.  Scaling  or  measuring  timber  must 
be  made  possible  without  unnecessarily  frequent  visits  by  a  Forest  officer. 
Cutting  will  be  required  in  amounts  to  permit  this  principle  to  be  applied. 

CANCELLATION  OF  CONTRACTS. 

Contracts  may  be  canceled  by  mutual  agreement  when  for  valid  business 
reasons  the  purchaser  becomes  unable  or  unwilling  to  continue  operations, 
provided  no  loss  or  damage  to  the  interests  of  the  United  States  will  result 
from  such  cancellation. 

Enforced  cancellation  may  take  place  on  account  of  serious  violation  of  the 
terms  of  the  contract  by  the  purchaser.  This  action  is  taken  only  by  the 
superior  of  the  officer  who  approved  the  contract,  and  after  the  purchaser  has 
been  given  a  reasonable  time  to  show  cause,  in  writing,  why  the  contract  should 
not  be  canceled. 

MONOPOLY. 

Should  any  question  of  monopoly  through  the  possible  control  of  large  quan¬ 
tities  of  National  Forest  timber  by  affiliated  operators  arise,  a  certified  state¬ 
ment  of  the  relation  of  the  applicant  or  operator  to  other  purchasers  of  National 
Forest  timber  may  be  required.  A  certified  statement  of  the  membership  of 
firms  and  lists  of  stockholders  in  corporations  may  similarly  be  required.  Lum¬ 
ber  companies  already  holding  large  amounts  of  timber  on  private  lands  may  be 
refused  sales  if  there  are  any  other  purchasers,  and  companies  having  one  sale 
may  be  refused  others  until  the  first  has  been  cut. 

TIMBEE  SALE  REGULATIONS. 

Appraisal  of  timber. 

REGULATION  S-l.  No  timber  shall  be  designated  for  cutting,  by  stamping  or 
otherwise,  until  the  officer  approving  the  sale  is  satisfied  that  the  cutting  will 
preserve  the  living  and  growing  timber,  promote  the  younger  growth,  and  be 
compatible  with  the  utilization  of  the  Forest.  Upon  application  for  the  purchase 
of  any  timber  or  in  any  cases  where  timber  is  to  be  advertised  in  advance  of 
application  such  timber  shall  be  examined  and  appraised,  and  the  area  from 
which  the  timber  is  to  be  cut  shall  be  described  by  legal  subdivisions  or  other¬ 
wise.  The  officer  making  the  field  examination  shall  report  the  quantity  and 
value  of  the  various  kinds  of  timber  involved,  and  shall  base  his  appraisal 
upon  the  character  of  the  timber,  the  cost  of  logging,  transportation,  and  manu¬ 
facture,  and  the  sale  value  of  the  manufactured  products  at  practicable  markets. 
(Issued  October  31,  1911,  to  take  effect  December  1,  1911.) 

Authority  to  make  sales. 

REGULATION  S-3.  The  Forester  is  authorized  to  make  timber  sales  for  any 
amount  on  any  National  Forest,  provided  the  limit  fixed  by  the  Secretary  for 
any  Forest  is  not  exceeded  by  the  year’s  cut,  under  sales  and  free  use  on  such 
Forest;  and  to  delegate  this  authority  for  any  specified  amounts  to  the  district 
foresters,  but  in  no  instance  to  exceed  20,000.000  feet  board  measure.  The 


26 


THE  USE  BOOK. 


district  forester  may  in  turn  delegate  authority  to  supervisors  to  make  sales 
for  specified  amounts,  which  in  no  instance  shall  exceed  2,000,000  feet  board 
measure.  All  supervisors  may,  without  special  authorization,  make  sales  of 
timber  and  cordwood  in  amounts  not  exceeding  $100  in  value  in  any  one  sale. 
The  supervisor  may  authorize  subordinate  Forest  officers  to  make  sales  of 
timber  and  cordwood  in  amounts  not  exceeding  $50  in  value  in  any  one  sale. 
(Issued  October  31,  1911,  to  take  effect  December  1,  1911.) 

Deposits. 

REGULATION  S-4.  The  supervisor  may,  in  his  discretion,  require  that  a  de¬ 
posit  be  made  with  the  proper  United  States  depository  before  any  timber 
applied  for  is  examined.  In  every  case  where  a  supervisor  decides  to  recommend 
a  sale  of  timber,  for  which  advertisement  is  required  by  law,  he  will  notify  the 
applicant  to  forward  to  the  proper  United  States  depository  such  part  of  the 
purchase  price  as  will  be  sufficient  to  cover  the  cost  of  advertising;  such 
deposit  to  be  applied  to  the  purchase  price  in  case  the  sale  is  made  to  the 
depositor;  to  be  refunded  in  case  the  sale  is  made  to  some  one  other  than  the 
depositor;  to  be  retained  in  the  discretion  of  the  officer  approving  the  sale,  if 
through  fault  of  the  depositor,  no  sale  of  timber  is  made.  (Issued  October  31, 
1911,  to  take  effect  December  1.  1911.) 

Payments  and  refunds. 

REGULATION  S-5.  No  timber  shall  be  cut  under  any  timber-sale  contract  until 
it  has  been  paid  for.  Refunds  may,  in  the  discretion  of  the  Forester  or  district 
forester,  be  made  to  depositors  of  such  sums  deposited  by  them  to  secure  the 
purchase  price  of  forest  products  as  may  be  found  to  be  in  excess  of  the  amounts 
actually  due  the  United  States.  Refunds  or  payments  may  also  be  made  to  the 
rightful  claimants  of  such  sums  as  may  be  found  to  have  been  erroneously 
collected  for  timber  or  other  forest  products  sold  from  lands  within,  but  not  a 
part  of,  a  National  Forest.  (Issued  October  31,  1911,  to  take  effect  December 

1,  1911.) 

Installment  payments. 

REGULATION  S-6.  In  any  sale  the  timber  may  be  paid  for  in  one  or  more 
payments  as  agreed.  In  sales  of  $100  or  less  the  partial  payments  must  not 
exceed  three.  (Issued  October  31,  1911.  to  take  effect  December  1,  1911.) 

Modification  of  contracts. 

REGULATION  S-7.  Modifications  of  contracts  for  the  sale  of  timber  will  not 
be  allowed  except  in  those  cases  where  the  full  performance  of  the  contract  by 
the  purchaser  is  rendered  inequitable  and  unjust  by  some  act  of  the  United 
States,  or  except  where  the  modification  is  sought  in  respect  to  the  unexecuted 
portion  of  the  contract  and  such  modification  would  not  be  prejudicial  to  the 
interests  of  the  United  States.  Modifications,  where  proper,  within  the  mean¬ 
ing  of  this  regulation,  may  be  made  by  the  officer  aproving  the  sale,  or  by  his 
superior  officer.  (Issued  October  31,  1911,  to  take  effect  December  1,  1911.) 

Advance  cutting. 

REGULATION  S-8.  Except  in  sales  to  homestead  settlers  and  farmers  under 
the  terms  of  Regulation  S-9,  no  timber  will  be  sold,  other  than  in  amounts  not 
exceeding  $100  stumpage  value,  in  advance  of  advertisement,  except  in  cases  of 
unusual  emergency.  All  applications  for  emergency  sales  of  timber  will  be  sub¬ 
mitted  to  the  Secretary  of  Agriculture  for  approval,  with  a  statement  setting 
forth  the  reasons  for  the  emergency.  When  application  is  made  for  timber  to 
meet  an  unusual  emergency  the  Forest  officer  authorized  to  make  sale  will, 
when  practicable  and  proper,  include  in  the  advertisement  of  such  timber  a 
sufficient  quantity  of  other  timber  in  the  came  locality  and  of  the  same  class  to 
satisfy  such  other  bids  as  may  be  reasonably  anticipated.  After  approval  by 
the  Secretary,  the  Forest  officer  may,  in  sales  not  exceeding  the  amount  which 
such  officer  is  authorized  to  approve,  permit  the  cutting  and  removal  of  timber 
in  advance  of  the  award,  when  the  applicant  has  made  a  deposit  covering  the 
value  of  the  timber  to  be  cut  and  removed,  and  has  agreed  to  pay  for  all  timber 
actually  cut  under  the  privilege  of  advance  cutting  at  the  rate  of  the  highest 
price  bid  for  the  whole  amount  of  timber  advertised,  or,  if  no  bids  are  received, 
at  the  rate  named  in  the  advertisement.  When  necessary  to  protect  the  Gov¬ 
ernment  against  loss  a  bond  will  be  required.  (Issued  October  31,  1911,  to  take 
effect  December  1.  1911;  as  amended  December  5,  1912,  to  take  effect  January 

2,  1913.) 


TIMBER  SALES,  TIMBER  SETTLEMENT,  FREE  USE. 


27 


Private  sale  of  timber. 

REGULATION  S-9.  After  any  timber  has  been  advertised  and  no  satisfactory 
bid  has  been  received,  or  if  the  bidder  fails  to  complete  the  purchase,  Forest 
officers  may,  within  their  authorization,  dispose  of  it  at  private  sale  in  quan¬ 
tities  to  suit  purchasers  without  further  advertisement,  at  prices  not  lower  than 
those  named  in  the  advertisement. 

Timber  may  also  be  disposed  of  at  private  sale  without  advertisement  where 
the  stumpage  value  of  the  timber  does  not  exceed  $100. 

Mature  dead  and  down  timber  which  may  be  cut  without  injury  to  the 
Forest  will,  upon  application,  be  sold  without  advertisement  in  any  desired 
amount  to  homestead  settlers  and  farmers  at  the  actual  cost  of  making  and 
administering  such  sales.  Material  will  be  cut  under  this  regulation  only  for 
the  domestic  use  of  the  purchaser  upon  his  homestead  or  farm.  The  disposal 
of  any  part  of  such  material  for  a  money  or  other  consideration,  or  in  exchange 
for  labor,  services,  or  commodities  furnished  the  purchaser  in  connection  with 
its  cutting,  removal,  or  manufacture,  is  prohibited.  If  any  of  the  foregoing 
requirements  are  violated,  the  sale  will  be  terminated  and  the  purchaser  re¬ 
quired  to  pay  for  all  material  cut  at  the  maximum  current  rate  fixed  by  the 
Secretary  of  Agriculture  for  such  material  on  the  Forest  concerned. 

On  June  1  of  each  year  the  Secretary  of  Agriculture  will  determine  upon  data 
and  information  furnished  by  the  Forester,  the  cost  per  thousand  feet,  board 
measure  or  other  unit,  of  making  and  administering  such  sales  in  each  National 
Forest  region  where  similar  conditions  exist,  which  amount  will  be  uniformly 
applied  on  all  Forests  in  the  region  during  the  ensuing  fiscal  year  as  the  stump- 
age  price  in  sales  to  homestead  settlers  and  farmers  under  this  regulation. 
(Issued  October  31,  1911,  to  take  effect  December  1,  1911 ;  as  amended  December 
5,  1912,  to  take  effect  January  2,  1913.) 

Prevention  of  monopoly. 

REGULATION  S-10.  In  awarding  advertised  timber  of  a  value  exceeding 
$5,000,  allotments  at  the  highest  price  offered  may  be  made  to  several  bidders 
to  prevent  monopoly. 

Before  approving  an  application  or  accepting  a  bid,  a  statement  of  the  rela¬ 
tion  of  the  applicant  or  bidder  to  other  persons,  firms,  or  corporations  holding 
permits  or  agreements  for  the  use  of  National  Forest  resources  may  be  re¬ 
quired  in  the  discretion  of  the  approving  officer.  Firms  or  corporations  may  be 
required  to  furnish  a  certified  statement  of  their  members  or  stockholders. 
(Issued  October  31,  1911,  to  take  effect  December  1,  1911;  as  amended  July 
16,  1912.) 

Exportation  of  timber. 

REGULATION  S-1L  Timber  cut  from  any  National  Forest  may  be  exported 
from  the  State  or  Territory  in  which  the  National  Forest  is  situated.  Timber 
cut  from  any  National  Forest  in  Alaska  may  be  exported  therefrom  and  sold 
anywhere  upon  certification  by  the  supervisor  that  the  timber  has  been  pur¬ 
chased  and  cut  from  a  National  Forest  in  Alaska,  (Issued  October  3,  1911,  to 
take  effect  December  1,  1911;  as  amended  March  28,  1913,  to  take  effect  April 
1,  1913.) 

Conditions  of  sale. 

REGULATION  S-12.  No  trees  on  National  Forest  lands,  or  from  any  unpat¬ 
ented  claim  within  National  Forests,  shall  be  cut,  or  otherwise  killed,  injured, 
or  destroyed,  except  under  permit  or  where  allowed  by  law  in  the  develop¬ 
ment  of  the  claim. 

No  trees  on  any  unpatented  claim  within  National  Forests  shall  be  cut  under 
permit  until  the  written  consent  of  the  claimant  has  been  filed  with  the  Forest 
supervisor,  except  in  emergencies  arising  from  insect  infestation. 

No  live  trees  shall  be  cut  under  any  contract  until  marked  or  otherwise 
designated  by  a  Forest  officer. 

No  timber  cut  under  any  contract  shall  be  removed  from  the  place  selected 
for  scaling,  measuring,  or  counting  until  it  has  been  scaled,  measured,  or 
counted  and  stamped  by  a  Forest  officer. 

No  person  except  a  Forest  officer  shall  stamp  any  timber  belonging  to  the 
United  States  upon  a  National  Forest  with  the  regulation  marking  ax  or  with, 
any  instrument  having  a  similar  design. 


28 


THE  USE  BOOK. 


All  saw  timber  will  be  scaled  by  Scribner  Decimal  C  log  rule,  as  used  by  the 
Forest  Service.  (Issued  October  31,  1911,  to  take  effect  December  1,  1911.) 

Time  limits. 

REGULATION'  S-13.  The  period  allowed  for  the  removal  of  timber,  which  in 
no  instance  shall  exceed  five  years,  except  in  special  cases,  upon  specific  ap¬ 
proval  by  the  Secretary,  will  be  fixed  in  the  agreement;  and  in  sales  in  which 
a  period  of  two  or  more  years  is  allowed  for  the  removal  of  the  timber,  the 
minimum  amount  to  be  removed  each  year  must  be  specified,  except  in  un¬ 
usual  cases.  The  Secretary  may,  in  his  discretion,  when  circumstances  warrant, 
extend  the  time  beyond  a  period  of  five  years,  but  such  extension  will  be 
granted  only  to  prevent  hardship  in  cases  v/here  the  failure  to  remove  the 
timber  within  the  five-year  period  is  due  to  circumstances  over  which  the  pur¬ 
chaser  had  no  control.  (Issued  October  31.  1911,  to  take  effect  December 
1,  1911.) 

Bonds. 

REGULATION  S-14.  The  officer  approving  any  timber-sale  contract  may 
require  the  purchaser  to  furnish  a  bond  for  the  satisfactory  completion  of  the 
contract.  In  all  sales  exceeding  10,000,000  feet  and  in  smaller  sales,  when 
necessary  in  the  judgment  of  the  approving  officer,  the  successful  bidder  will 
be  required  to  submit,  before  the  timber  is  awarded  to  him,  a  statement  satis¬ 
factory  to  the  approving  officer  of  financial  ability  to  conduct  the  operation  and 
fulfill  all  of  the  obligations  to  be  assumed  under  the  sale  contract.  Such  a 
statement  may  be  required,  in  the  discretion  of  the  approving  officer,  before 
the  approval  of  a  sale  application  or  before  any  steps  are  taken  to  examine 
areas  tentatively  applied  for.  (Issued  October  31,  1911,  to  take  effect  Decem¬ 
ber  1,  1911 ;  as  amended  July  16,  1912.) 

Appeals. 

REGULATION  S-15.  The  disapproval  of  an  application  for  the  purchase  of 
timber  or  for  the  modification  of  an  existing  contract  by  the  officer  authorized 
to  approve  such  application  shall  be  considered  final,  unless  written  notice 
of  appeal  to  the  next  superior  officer,  district  forester,  Forester,  or  the  Sec¬ 
retary,  as  the  case  may  be,  is  filed  with  the  officer  disapproving  such  applica¬ 
tion  within  30  days  from  the  receipt  of  his  decision.  All  appeals  arising  from 
the  enforcement  or  execution  of  the  provisions  of  a  timber-sale  contract  shall 
be  made  in  the  first  instance  to  the  Forest  supervisor.  His  decision  thereon 
shall  be  considered  final  unless  written  notice  of  appeal  to  the  district  forester 
is  filed  with  the  supervisor  within  15  days  from  the  receipt  of  his  decision. 
Appeals  from  the  decisions  of  the  district  forester  to  the  Forester  or  from  the 
decisions  of  the  Forester  to  the  Secretary  may  be  made  by  filing  written 
notice  with  the  officer  from  whose  decision  appeal  is  taken  within  15  days  from 
the  receipt  of  such  decision.  (Issued  October  31,  1911,  to  take  effect  Decem¬ 
ber  1,  1911.) 

Use  of  steam  engines  or  locomotives. 

REGULATION  S-16.  The  use  of  steam  engines  or  locomotives  in  operation 
on  National  Forest  lands  under  any  timber-sale  contract  or  under  any  permit 
is  prohibited,  unless  they  are  equipped  with  such  spark-arresters  as  shall  be 
approved  by  the  Forest  supervisor,  or  unless  oil  is  used  exclusively  for  fuel. 
(Issued  October  31,  1911,  to  take  effect  December  1,  1911.) 

TURPENTINE  SALES. 

REGULATION  S-16a.  So  far  as  applicable  the  regulations  governing  timber 
sales  will  apply  in  turpentine  sales  except  as  follows:  District  foresters  are 
authorized  to  make  sales  in  amounts  not  exceeding  200,000  cups,  and  to  delegate 
this  authority  to  supervisors  for  specific  amounts  not  exceeding  40.000  cups. 
Cupping  in  advance  of  advertisement  will  not  be  allowed.  (Issued  December 
3, 1912.) 

ADMINISTRATIVE  USE  OF  TIMBER. 

REGULATION  S-17.  The  Forester  and  the  district  foresters  within  the  amount 
which  they  are  authorized  to  sell  may  remove  and  sell,  or  dispose  of,  under  free- 
use  permit  or  otherwise,  as  shall  be  most  advantageous  to  the  United  States, 
any  timber  upon  the  National  Forests  when  such  removal  is  actually  necessary 


TIMBER  SALES,  TIMBER  SETTLEMENT,  FREE  USE. 


29 


to  protect  the  Forest  from  ravages  or  destruction,  or  when  the  use  or  removal 
of  timber  is  necessary  in  the  construction  of  roads,  trails,  cabins,  and  other 
improvements  on  the  National  Forests  or  in  experiments  conducted  by  the 
Forest  Service.  The  authority  conferred  by  this  regulation  may  be  delegated 
by  district  foresters  to  Forest  supervisors.  (Issued  October  31,  1911,  to  take 
effect  December  1,  1911.) 

TIMBER  SETTLEMENT. 

REGULATION  S-18.  When  timber  on  National  Forest  land  is  cut,  damaged, 
killed,  or  destroyed  in  connection  with  the  enjoyment- of  a  right  of  way  or 
other  special  use,  it  shall  not  be  necessary  to  advertise  it  for  sale,  but  payment 
therefor  may  be  required  at  such  rate  or  rates  as  may  be  fixed  by  the  officer 
authorized  under  the  timber-sale  regulations  to  sell  the  amount  of  timber 
involved,  but  in  no  case  for  less  than  the  minimum  or  for  more  than  the  maxi¬ 
mum  price  established  by  the  Secretary  of  Agriculture,  unless  the  authority  of 
the  Secretary  is  secured.  When,  however,  a  right  of  way  or  other  special  use  is 
granted  within  a  National  Forest  in  Alaska,  the  supervisor  may,  without  charge, 
allow  the  cutting  of  timber  when  this  is  necessary  for  the  proper  enjoyment  of 
the  special  use.  (Issued  October  31,  1911,  to  take  effect  December  1,  1911.) 

PAYMENT  ON  BASIS  OF  ESTIMATE  OR  SCALE. 

Where  the  timber  will  be  killed  or  destroyed,  or  where  it  will  not  be  worked 
into  measurable  form,  or  w7here  the  cutting  is  done  in  such  a  way  that  scaling 
is  impracticable,  settlement  may  be  required  on  the  basis  of  estimate.  In  all 
eases  wThere  the  timber  can  be  scaled,  measured,  or  counted  it  will  be  paid  for 
according  to  the  scale,  measure,  or  count,  as  in  a  timber  sale,  and  the  procedure 
will  be  identical. 

A  charge  based  on  the  current  stumpage  rates  for  timber  of  like  quality  and 
accessibility  included  in  sales  will  be  made  for  all  classes  of  material  which 
have  to  be  cut  or  destroyed  and  which  are  commonly  salable  upon  the  forest.  A 
charge  will  not  be  made  for  material  which  is  not  ordinarily  salable  on  the  for¬ 
est  or,  as  a  rule,  for  reproduction. 

PAYMENT  FOR  TIMBER  ON  CLAIMS. 

When  a  right  of  way,  permitted  under  an  act  of  Congress,  crosses  an  unpat¬ 
ented  agricultural  or  mining  claim,  whether  the  claim  antedates  the  right  of 
way  or  not,  and  whether  the  claim  is  apparently  held  in  good  faith  or  not,  if 
*  timber  is  cut  and  removed  in  clearing  the  right  of  way,  payment  will  be  made  to 
the  United  States,  except  where  the  removal  of  the  timber  is  necessary  for  the 
purpose  of  clearing  the  land  in  good  faith  for  cultivation  or  for  development,  or 
when  at  the  time  of  cutting  the  timber  is  actually  needed  by  the  claimant  for 
use  in  making  improvements  on  the  land  embraced  in  his  entry  or  location.  If 
any  claimant  should  need  timber  for  the  purpose  above  specified  and  should  be 
unable  to  obtain  it  upon  his  claim,  he  will  be  allowed  to  take  timber  under  free- 
use  permit  from  lands  of  the  United  States  for  this  purpose  up  to  the  amount 
cut  from  the  claim  for  which  the  United  States  has  received  payment. 

FREE  USE  OF  TIMBER  AND  STONE. 


TO  WHOM  GRANTED. 


To  assist  prospectors  in  their  work  and  to  encourage  and  assist  settlers  who 
have  not  on  their  own  land  or  claims,  or  on  lands  controlled  by  them,  a  suffi¬ 
cient  and  accessible  supply  of  timber  suitable  for  firewood,  fencing,  building, 
mining,  and  other  domestic  purposes,  the  law  gives  the  Secretary  of  Agriculture 
authority  to  allow  the  free  use  of  timber  and  stone  on  National  Forests. 

REGULATION  S-19.  The  Secretary  of  Agriculture  will  determine  for  each 
fiscal  year,  upon  data  to  be  furnished  by  the  Forester,  the  maximum  amount  of 
timber  to  be  cut  under  free  use  on  each  Forest,  which  amount  shall  form  a  part 
of  the  total  maximum  cut  for  the  Forest.  The  Forester  may  grant  free-use 
permits  for  timber  not  exceeding  $500  in  value,  and  may  delegate  this  authority 
to  subordinate  officers.  Permits  for  timber  in  excess  of  $100  in  value,  except 
in  cases  of  unusual  emergency,  will  be  granted  only  for  public  purposes.  Super- 


30 


THE  USE  BOOK. 


visors,  unless  otherwise  authorized,  may  not  grant  permits  for  material  exceed¬ 
ing  $100  in  value.  All  Forest  officers  whom  the  supervisor  may  designate  are 
authorized  to  grant  free-use  permits  up  to  $20  in  value.  The  Forester  is  also 
authorized  to  grant  free  use  of  stone  and  to  delegate  this  authority  to  subordi¬ 
nate  officers.  All  applications  for  free  use  of  timber  of  value  above  $500  will 
be  submitted  to  the  Secretary  of  Agriculture  for  approval.  (Issued  October  31, 
1911,  to  take  effect  December  1,  1911.) 

REGULATION  S-20.  Free-use  permits  may  be  granted  to  bona  fide  settlers, 
miners,  residents,  and  prospectors  for  minerals,  who  may  not  reasonably  be 
required  to  purchase,  and  who  have  not  on  their  own  lands  or  claims,  or  on 
lands  controlled  by  them,  a  sufficient  or  practically  accessible  supply  of  material 
suitable  for  the  purposes  named  in  the  law.  They  may  also  be  granted  to 
school  and  road  districts,  churches,  or  noncommercial  cooperative  organizations 
of  settlers  desiring  to  construct  roads,  ditches,  reservoirs,  or  other  similar  im¬ 
provements  for  mutual  or  public  benefit.  Free  use  may  be  granted  for  the 
construction  of  telephone  lines  when  necessary  for  the  protection  of  the 
National  Forests  from  fire.  Free  use  may  be  granted  to  other  branches  of  the 
Federal  Government.  Free  use  may  be  granted  for  consumption  outside  the 
State  in  which  the  National  Forest  is  located.  (Issued  October  31,  1911,  to  take 
effect  December  1,  1911;  as  amended  March  28,  1913,  to  take  effect  April  1, 1913.) 

Whether  an  applicant  is  entitled  to  free  use  must  be  decided  by  the  proper 
Forest  officer.  In  all  cases  not  clearly  covered  by  the  letter  of  the  law  and  the 
regulations  he  will  be  guided  by  their  spirit,  especially  as  indicated  by  the 
expression  “  those  who  may  not  reasonably  be  expected  to  purchase  ”  and  by 
the  distinction  between  public  or  personal  and  commercial  use.  A  member  of 
a  corporation  is  not  necessarily  debarred  from  free  use  of  fuel  for  his  own 
home,  though  his  ability  to  secure  it  from  another  source  will  be  considered, 
especially  if  the  Forest  supply  is  limited  and  in  demand  by  more  needy  appli¬ 
cants.  Residents  of  towns  and  villages  engaged  in  business  or  earning  a  liveli¬ 
hood  are  expected  to  purchase  timber  for  their  town  buildings  and  other  home 
structures,  and,  except  in  small  villages,  fuel  also.  Settlers,  particularly  those 
under  the  Forest  homestead  act,  who  have  not  yet  improved  their  claims  may 
receive  a  liberal  allowance  for  their  own  use.  There  is  no  more  reason  for 
giving  a  hotel  keeper  or  merchant  timber  solely  to  build  or  warm  his  hotel  or 
store  than  to  give  him  a  stock  of  goods,  yet  it  need  not  be  refused  the  proprietor 
of  a  small  establishment  when  it  will  be  used  chiefly  by  himself  and  his  family. 
Prospectors  may  be  assisted  in  developing  their  properties,  but  owners  of  pro¬ 
ducing  mines  and  those  who  are  able  to  employ  several  or  many  men  on  wages 
will  be  required  to  pay.  Well-to-do  stockmen  and  owners  of  large  ranches  may 
reasonably  be  expected  to  purchase. 

Free  use  of  timber  may  be  allowed  in  connection  with  other  uses  of  the 
National  Forests,  regardless  of  the  ability  of  the  permittee  to  purchase,  if  the 
timber  will  be  used  in  improvements  of  essentially  public  benefit,  or  if  the 
stumpage  value  of  the  material  used  is  less  than  the  value  of  these  improve¬ 
ments  for  protective  or  administrative  purposes,  considering  both  the  actual 
use  of  the  improvement  and  the  increased  value  of  the  Forest  through  better 
regulation. 

Cooperative  associations  of  settlers  may  be  granted  free  use  of  timber  needed 
in  the  construction  of  roads,  schools,  and  other  structures  of  public  benefit, 
and  irrigation  works  or  structures  of  any  kind  required  for  the  development  of 
unperfected  claims  or  unimproved  ranches  which  do  not  yet  furnish  an  ample 
livelihood  for  their  owners.  Such  associations  will  be  required  to  purchase 
timber  necessary  for  the  construction  of  irrigation  works  and  other  struc¬ 
tures  any  portion  of  which  will  be  used  commercially,  as  in  the  sale  of  water; 
and  irrigation  works  or  other  structures  designed  to  further  enhance  the  value 
of  improved  ranches  which  now  furnish  an  ample  livelihood  for  their  owners. 
Free-use  timber  may  be  obtained  for  the  construction  of  telephone  lines  where 
necessary  to  protect  the  National  Forests  from  fire. 

REGULATION  S— 21.  Free  use  of  material  to  he  used  in  any  business  will  be 
refused,  as,  for  example,  to  sawmill  proprietors,  owners  of  large  establishments, 
or  commercial  enterprises,  companies,  and  corporations.  (Issued  October  31, 
1911,  to  take  effect  December  1,  1911.) 

Free  use  may  be  refused,  in  the  discretion  of  the  supervisor,  to  permittees 
who  repeatedly  violate  the  provisions  of  their  permits  and  interfere  with  the 


TIMBER  SALES,  TIMBER  SETTLEMENT,  FREE  USE. 


31 


efficiency  of  tlie  free-use  administration.  Free  use  may  reasonably  be  refused 
where  the  final  cost  to  the  permittees  is  as  great  as  if  the  material  were  pur¬ 
chased,  whether  or  not  agents  are  employed  to  obtain  the  material.  Free  use 
of  timber  from  alleged  invalid  claims  may  be  granted  for  fuel  when  pending 
the  final  determination  of  title  to  the  claims. 

AMOUNT  OF  MATERIAL  GRANTED  IN  ONE  YEAR. 

REGULATION  S-22.  The  aggregate  amount  of  material  granted  under  permit 
in  one  year  will  not  exceed  $20  in  value  except  in  cases  of  great  and  unusual 
need,  or  in  the  case  of  dead  timber  where  the  supply  is  ample  and  the  removal 
of  the  restriction  as  to  amount  may  be  advisable  for  administrative  reasons, 
or  in  the  case  of  school  and  road  districts,  churches,  and  noncommercial  co¬ 
operative  organizations  of  settlers,  when  the  supervisor  may,  in  his  discretion, 
extend  the  amount  to  any  value  not  exceeding  $100,  or  the  value  named  in  his 
authorization  from  the  district  forester.  If  the  permittee  fails  to  remove  tim¬ 
ber  within  the  time  allowed,  the  Forest  officer  may  grant  the  timber  to  another 
applicant.  The  time  allowed  in  permits  may  be  extended  by  the  officer  issuing 
them.  (Issued  October  31,  1911,  to  take  effect  December  1,  1911;  as  amended 
March  28,  1913,  to  take  effect  April  1,  1913.) 

KIND  OF  MATERIAL  TAKEN. 

REGULATION  S-23.  Green  saw  timber  will  not  be  granted  to  any  applicant 
who  does  not  do  his  own  logging,  unless  he  is  physically  incapacitated.  Ex¬ 
ceptions,  however,  may  be  made  in  unusual  cases  in  the  judgment  of  the  super¬ 
visor.  All  free-use  material  may  be  sawed  and  ail  except  green  timber  may  be 
cut  for  the  permittees  by  an  agent,  but  the  work  so  done  must  not  be  paid  for 
by  a  share  of  the  material.  On  Forests  where  a  limited  supply  or  other  condi¬ 
tions  justify  it,  the  free  use  of  green  timber  of  any  class  or  of  dead  saw  timber 
may  be  refused.  (Issued  October  31,  1911,  to  take  effect  December  1,  1911;  as 
amended  March  28,  1913,  to  take  effect  April  1,  1913.) 

The  free-use  privilege  will  be  restricted  as  far  as  possible  to  diseased,  defec¬ 
tive,  dying,  and  dead  and  down  timber.  Green  timber,  however,  may  be  ob¬ 
tained  except  as  provided  for  in  the  regulation  or  in  the  supervisor’s  instruc¬ 
tions,  when  it  is  necessary  for  the  particular  needs  of  the  applicant. 

The  duration  of  permits,  which  will  not  exceed  the  time  necessary  to  remove 
the  material,  will  be  fixed  by  the  issuing  officer,  but  all  permits  must  terminate 
on  or  before  June  30  of  each  year. 

FREE  USE  WITHOUT  PERMIT. 

REGULATION  S-24.  Necessary  cutting  of  timber  in  surveying  for  lawful 
projects  may  be  done  without  permit.  Unnecessary  cutting  is  prohibited.  The 
small  quantities  of  material  actually  needed  by  transients  may  be  taken  without 
a  written  permit. 

Supervisors  may,  with  the  approval  of  the  district  foresters,  designate  and 
post  each  fiscal  year  as  temporary  free-use  areas  portions  of  any  National 
Forest  containing  dead  timber,  and  during  the  fiscal  year  designated,  bona  fide 
settlers,  miners,  residents,  and  prospectors  for  minerals  may  cut  and  remove 
from  within  the  limits  of  such  areas,  free  of  charge  and  without  permit,  under 
such  rules  as  may  be  prescribed  by  Forest  officers,  any  dead  timber  in  quan¬ 
tities  which  they  may  need  for  their  own  use  for  firewood,  fencing,  buildings, 
mining,  prospecting,  and  other  domestic  purposes,  but  no  timber  may  be  taken 
under  this  regulation  for  sale  to  other  persons  or  for  commercial  use.  (Issued 
October  31,  1911,  to  take  effect  December  1,  1911 ;  as  amended  March  28,  1913, 
to  take  effect  April  1,  1913.) 

The  small  amount  of  material  actually  needed  by  transients  may  be  taken, 
and  necessary  cutting  of  timber  in  surveying  for  lawful  projects  may  be  done 
without  a  permit.  No  unnecessary  cutting  is  permitted.  Permits  are  not  re¬ 
quired  for  dead  timber  from  areas  designated  and  posted  by  Forest  officers 
in  accordance  with  the  provision  of  Regulation  S-24.  In  all  other  cases  per¬ 
mits  are  required. 

FREE  USE  WTTHOUT  MEASUREMENT. 

REGULATION  S-25.  The  district  foresters  may  authorize  supervisors  to  per¬ 
mit,  on  any  Forest  or  part  of  a  Forest,  the  removal  of  specific  classes  of  material 


32 


THE  USE  BOOK. 


without  scaling  or  measurement  by  a  Forest  officer.  Material  may  be  cut  in 
advance  of  obtaining  a  permit  in  cases  of  emergency  or  of  great  and  immediate 
need.  In  every  instance  where  a  permit  has  not  been  obtained  in  advance  under 
this  regulation  the  person  taking  material  shall  promptly  thereafter  notify  the 
Forest  officer  in  charge  of  the  district  from  which  it  is  taken,  of  the  date  of 
removal,  and  of  the  amount,  value,  and  class  of  material  so  taken.  Upon  receipt 
of  such  notification  the  Forest  officer  will  issue  the  necessary  permit.  (Issued 
October  31,  1911,  to  take  effect  December  1,  1911;  as  amended  March  28,  1913, 
to  take  effect  April  1,  1913.) 


EMERGENCY  USE. 

Material  may  be  taken  in  advance  of  securing  a  permit  in  cases  of  emergency 
or  great  immediate  need,  but  the  amount  taken  with  its  location  and  time  of 
removal,  must  be  reported  at  once  to  the  nearest  Forest  officer,  who  will  issue 
a  permit  authorizing  the  cutting. 

SALE  OF  MATERIAL  PROHIBITED. 

REGULATION  S-26.  Timber  or  other  Forest  products  received  under  a  free-use 
permit  shall  not  be  sold.  (Issued  October  31,  1911,  to  take  effect  December 
1,  1911.) 

VALUATION  OF  MATERIAL. 

The  appraisement  of  free-use  material  will  not  be  less  than  for  sales  iu  the 
same  locality  on  the  Forest  from  which  the  material  is  to  be  taken. 

MARKING  FREE-USE  MATERIAL. 

Forest  officers  designate  the  timber  to  be  cut  in  the  simplest  and  most  eco¬ 
nomical  way  practicable.  Living  timber  is  marked  in  accordance  with  the 
principles  outlined  under  timber  sales.  In  the  case  of  dead  timber  the  area 
may  be  blazed,  or  defined  by  natural  boundaries,  and  the  class  of  trees  to  be 
taken  specified. 

SPECIAL  CONDITIONS  FOR  ALASKA. 

REGULATION  S-27.  Settlers,  farmers,  prospectors,  fishermen,  or  similar  per¬ 
sons  residing  within  or  adjacent  to  National  Forests  in  Alaska,  may  take, 
without  permit  and  free  of  charge,  green  or  dry  timber  from  the  Forests,  and 
driftwood,  afloat  or  on  the  beaches,  for  their  own  personal  use,  but  not  for 
sale;  provided,  that  the  amount  of  material  so  taken  shall  not  in  any  one  year 
exceed  20,000  feet  board  measure,  or  25  cords  of  wood;  and  provided  further, 
that  the  persons  enjoying  this  privilege  will,  on  demand,  forward  to  the  super¬ 
visor  a  statement  of  the  quantity  of  material  so  taken  and  a  description  of  the 
location  from  which  it  was  removed.  (Issued  October  31,  1911;  to  take  effect 
December  1,  1911.) 


PART  III — GRAZING, 


OBJECTS  OF  THE  GRAZING  REGULATIONS. 

The  leading  objects  of  the  grazing  regulations  are : 

The  protection  and  conservative  use  of  all  National  Forest  land  adapted  for 
grazing. 

The  permanent  good  of  the  live-stock  industry  through  proper  care  and 
improvement  of  the  grazing  lands. 

The  protection  of  the  settler  and  home  builder  against  unfair  competition  in 
the  use  of  the  range. 

ANNUAL  GRAZING  AUTHORIZATIONS. 

REGULATION  G-l,  The  Secretary  of  Agriculture  will  prescribe  each  year  the 
number  of  stock  to  be  allowed  in  each  National  Forest,  and  will  authorize  the 
approval  of  applications  for  permits  during  periods  of  one  or  more  years,  but 
revocable  at  any  time  within  his  discretion.  The  yearlong  grazing  fee  to  be 
charged  for  each  class  of  stock  will  be  determined  by  the  Forester  in  accord¬ 
ance  with  Regulation  G-9.  Seasons  less  than  yearlong  will  be  established 
by  the  district  forester,  who  will  determine  the  fees  to  be  charged  for  each 
short  season  in  accordance  with  the  established  schedule  and  the  provisions 
of  Regulation  G-9. 

When  notified  of  the  establishment  of  grazing  allowances  and  yearlong  rates 
for  any  National  Forest,  the  district  forester  will  establish  and  fix  the  rates 
for  all  grazing  periods  less  than  yearlong  and  will  transmit  instructions  to 
the  supervisor,  who  will  issue  grazing  permits  in  accordance  therewith.  Fifteen 
days  may  be  added  to  the  grazing  period,  in  the  discretion  of  the  supervisor, 
without  charge.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

LONG  TERM  AUTHORIZATION. 

On  Forests  where  all  controversies  have  been  settled  and  no  material  changes 
are  likely  to  be  made  in  ranges,  grazing  areas,  or  the  number  of  stock  allowed, 
the  Secretary,  upon  petition  by  25  per  cent  or  more  of  the  permittees  using  the 
National  Forests,  or  upon  the  recommendations  of  a  recognized  advisory  board 
representing  that  percentage  of  permittees,  approved  by  the  forest  supervisor 
and  the  district  forester,  will  authorize  the  acceptance  of  applications  for 
periods  of  not  more  than  five  years.  A  term  of  five  years  having  been  estab¬ 
lished,  applications  received  after  the  first  year  will  be  approved  for  the  unex¬ 
pired  portion  of  the  five-year  term,  four,  three,  or  two  years,  as  the  case  may  be. 
The  permit  will  be  issued  annually,  and  the  approval  of  the  application  for 
any  part  of  the  established  term  wfill  only  guarantee  a  renewal  of  permit  from 
year  to  year  during  the  period,  in  the  event  that  grazing  is  authorized  by  the 
Secretary  of  Agriculture  and  there  is  no  cancellation  of  the  permit  by  the 
district  forester. 

FIXING  GRAZING  PERIODS. 

Grazing  periods  will  be  established  for  each  National  Forest  to  meet  the 
general  needs  of  the  people  and  to  secure  an  economical  use  of  the  forage.  So 
far  as  possible  without  injury  to  the  Forest,  grazing  is  allowed  at  the  times 
when  each  range  can  be  used  to  best  advantage  by  the  local  stock  industry. 
It  is  inadvisable  to  hold  stock  on  winter  range  or  in  feed  lots  after  the  range 
within  a  Forest  is  ready  for  use,  but  it  is  decidedly  unwise  to  allow  stock  on 
Forest  ranges  before  the  feed  has  started  or  while  the  range  is  so  wet  that  the 
stock  will  cause  injury  to  forage  and  tree  growth.  The  condition  of  the  range 
rather  than  the  desires  of  the  applicants  must  determine  the  period. 

2268°— 13 - 3 


33 


34 


THE  USE  BOOK. 


MONTHLY  PERMITS. 

Where  conditions  warrant  monthly  permits  will  be  authorized,  but  only  for 
winter  grazing.  Despite  the  fact  that  they  may  be  more  convenient  for  the 
permittees,  the  general  issuance  of  permits  on  a  monthly  basis  is  inadvisable. 
Its  result  would  be  a  disregard  of  the  periods  of  use  to  which  the  ranges  are 
naturally  adapted,  with  consequent  incomplete  utilization,  alternate  under¬ 
stocking  and  overstocking,  loss  of  range  capacity,  and  loss  of  control. 

USE  OF  WINTER  RANGES. 

Ranges  will  not  be  allotted  for  use  during  the  summer  to  the  prejudice  of 
settlers  needing  them  for  winter  use. 

GRAZING  DISTRICTS  AND  DIVISIONS. 

REGULATION  G-2.  The  grazing  of  sheep  and  goats  upon  any  portion  of  a 
Forest  must  not  be  allowed  until  authorized  by  the  Forester.  This  authoriza¬ 
tion  secured,  the  kind  of  stock  to  be  grazed  in  each  district  open  to  grazing  on 
the  Forests  will  be  determined  by  the  district  forester.  Under  his  general  in¬ 
structions  National  Forests,  in  which  grazing  is  allowed,  will  be  divided  into 
districts  by  the  supervisor,  who  will  provide  for  the  distribution  of  stock  among 
the  districts  and  make  such  range  divisions  among  applicants  for  grazing 
permits  as  appear  most  equitable  and  for  the  best  interests  of  the  National 
Forest  and  its  users. 

When  required  for  the  protection  of  camping  places,  lakes  and  streams,  roads 
and  trails,  etc.,  or  of  areas  which  are  to  be  reforested,  the  supervisor  may 
exclude  stock  from  specified  areas  for  such  period  of  time  as  is  necessary. 
Stock  will  be  excluded  from  areas  where  they  will  destroy  young  growth  or 
will  prevent  reproduction.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

BEST  USE  OF  EACH  CLASS  OF  RANGE. 

The  ranges  within  the  National  Forests  should  be  used  by  the  kind  of  stock 
for  which  they  are  best  adapted,  except  when  this  would  not  be  consistent 
with  the  welfare  of  the  local  residents  or  the  proper  protection  of  the  Forests. 
When  an  application  is  received  for  a  kind  of  stock  not  previously  allowed  to 
graze  upon  a  range  the  supervisor  will  determine,  first,  whether  the  change  can 
be  made  without  injury  to  the  Forest  or  the  flow  of  streams;  second,  to 
which  class  of  stock  the  range  is  best  adapted ;  and,  third,  whether  the  change 
will  be  detrimental  to  the  interests  of  the  people  residing  in  the  vicinity  of  the 
range.  The  change  will  be  made  by  the  district  forester  only  when  all  three 
conditions  are  favorable  and  the  Forester  has  authorized  the  use  of  the  area 
by  the  kind  of  stock  involved. 

ESTABLISHMENT  OF  DRIVEWAYS. 

Whenever  it  is  necessary  for  stock  to  cross  regularly  any  portion  of  a 
National  Forest,  and  grazing  upon  the  area  of  the  kind  of  stock  involved  has 
been  authorized  by  the  Forester,  the  district  forester  will,  if  the  circumstances 
warrant,  establish  a  driveway  and  define  the  rights  to  be  granted. 

Permits  will  be  required  for  stock  crossing  the  Forest  on  a  regular  driveway. 
If  occasion  demands,  rangers  may  be  detailed  to  accompany  the  stock  and  see 
that  there  is  no  delay  or  trespassing. 

#  EXCLUSION  OF  STOCK. 

FOREST  PROTECTION. 

It  is  within  the  authority  of  the  supervisor  to  close  an  area  to  all  grazing, 
to  reduce  the  number  of  stock  allowed  upon  it,  or  to  prohibit  its  use  by  certain 
classes  of  stock  when  the  silvicultural  needs  of  the  Forest  demand  it.  For 
instance,  sheep  may  be  excluded  from  a  timber-sale  area  for  a  certain  number 
of  years  after  cutting;  or,  in  a  year  of  scarcity  of  mast,  hogs  may  be  excluded 
from  the  oak  type.  Where  planting  operations  are  being  carried  on  it  will 
usually  be  necessary  to  exclude  all  classes  of  stock. 


GEAZING. 


35 


WATERSHED  PROTECTION. 

The  watersheds  of  streams  supplying  water  for  irrigation,  municipal,  or 
domestic  purposes  may  be  closed  to  the  grazing  of  any  or  all  kinds  of  domestic 
stock  when  necessary  to  prevent  erosion  and  floods  or  diminution  in  water 
supply. 

PUBLIC  CAMPING  GROUNDS. 

The  needs  of  the  traveling  public  receive  careful  consideration,  and  in  the 
division  of  the  range  adequate  provision  will  be  made  for  the  pasturage  of 
draft,  saddle,  and  pack  animals  used  by  persons  traveling  through  the  National 
Forests  on  business  or  for  recreation.  Camping  grounds  required  for  the 
accommodation  of  the  public  may  be  closed  to  the  grazing  of  permitted  stock 
if  such  action  is  necessary. 

GAME  REFUGES. 

Limited  areas  which  are  the  natural  breeding  or  feeding  grounds  of  game 
animals  or  birds  may  be  closed  to  the  grazing  of  domestic  live  stock  when 
necessary  to  protect  the  game  from  molestation  or  extinction.  The  boundaries 
of  such  areas  will  be  plainly  marked,  and  permittees  using  adjoining  ranges 
are  warned  against  trespassing  on  the  closed  area. 

ADVISORY  BOARDS. 

REGULATION  G-3.  Whenever  any  live-stock  association  whose  membership 
includes  a  majority  of  the  owners  of  any  class  of  live  stock  using  a  National 
Forest  or  portion  thereof  shall  select  a  committee,  an  agreement  on  the  part  of 
which  shall  be  binding  upon  the  association,  such  committee,  upon  application 
to  the  district  forester,  may  be  recognized  as  an  advisory  board  for  the  associa¬ 
tion,  and  shall  then  be  entitled  to  receive  notice  of  proposed  action  and  have 
an  opportunity  to  be  heard  by  the  local  Forest  officer  in  reference  to  increase 
or  decrease  in  the  number  of  stock  to  be  allowed  for  any  year,  the  division  of 
the  range  between  the  different  classes  of  stock  of  their  owners,  or  the  adoption 
of  special  rules  to  meet  local  conditions. 

Upon  request  from  and  with  the  approval  of  an  officially  recognized  advisory 
board  representing  a  majority  of  the  permittees  to  be  affected,  the  district 
forester  may  establish  special  rules  to  regulate  the  use  and  occupancy  of  the 
range  and  to  prevent  damage  to  the  Forest  lands,  such  rules  to  be  binding  upon 
and  observed  by  all  permittees  grazing  stock  within  the  range  involved.  Such 
conditions  as  may  be  necessary  may  be  imposed  upon  the  handling  of  permitted 
stock,  the  employment  of  herders  to  confine  the  stock  to  the  allotted  ranges, 
the  distribution  of  salt,  the  enforcement  of  State  live-stock  laws,  and  the  con¬ 
struction  of  permanent  improvements  to  protect  the  Forest  or  facilitate  the 
handling  of  permitted  stock. 

When  an  association  represents  only  a  minority  of  the  owners  of  any  kind  of 
live  stock  but  its  members  own  75  per  cent  of  that  kind  of  live  stock  using  the 
range,  upon  petition  of  a  sufficient  number  of  the  other  owners  to  constitute  a 
majority,  its  advisory  board  may  be  recognized  by  the  district  forester. 

Whenever  a  State  live-stock  association  appoints  an  advisory  board  it  may  be 
recognized  by  the  district  forester  and  consulted  with  in  regard  to  matters 
which  affect  the  general  administration  of  the  National  Forests  within  the 
entire  State. 

Whenever  a  national  live-stock  association,  representing  the  owners  of  any 
kind  of  stock,  appoints  an  advisory  board  or  committee  representing  the  users 
of  the  National  Forests  in  all  of  the  different  States  it  will  be  recognized  by 
the  Secretary  of  Agriculture  and  the  Forester,  and  consulted  with  annually 
regarding  matters  which  concern  the  welfare  of  the  stockmen  using  the  Na¬ 
tional  Forest  ranges.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

REASONS  FOR  COOPERATION. 

The  primary  purpose  of  all  the  regulations  is  to  make  the  National  Forests 
as  useful  as  possible  to  the  people,  consistent  with  their  protection  and  per¬ 
petuation.  It  is  clearly  impossible  to  meet  the  wishes  of  each  individual  user, 
but  it  may  be  entirely  possible  to  meet  the  wishes  of  the  majority,  if  made 
known  through  an  organization.  It  is  to  secure  from  the  people  collectively 


36 


THE  USE  BOOK. 


definite  statements  of  tlieir  needs  and  wishes  that  the  organization  of  stock 
associations  is  encouraged. 

RECOMMENDATIONS  OF  ADVISORY  BOARDS. 

Mattel’s  submitted  by  advisory  boards  should  be  of  general  rather  than  indi¬ 
vidual  or  personal  interest.  It  is  not  within  the  province  of  an  advisory  board 
to  determine  whether  a  new  applicant  shall  be  admitted  or  a  renewal  of  permit 
granted  a  purchaser.  An  individual  case,  however,  may  contain  a  principle  in 
which  a  large  number  of  permittees  are  interested,  in  which  event  it  may 
properly  be  taken  up. 


SPECIAL  RULES  FOR  HANDLING  STOCK. 

Special  rules  designed  to  bring  about  economies  of  operation,  larger  natural 
increases,  improved  grades  of  live  stock,  etc.,  are  not  to  be  drafted  or  enforced 
except  upon  specific  request  of  the  majority  of  the  permittees  who  will  be 
affected. 

No  rule  will  be  established  that  is  not  designed  to  accomplish  some  specific 
result  generally  beneficial  to  the  majority  of  the  permittees  or  that  is  not 
clearly  within  the  limitations  of  the  State  or  Federal  statutes  concerning  live 
stock. 

Rules  approved  by  the  district  forester  will  be  binding  upon  all  permittees, 
whether  members  of  the  association  or  not. 

REQUIREMENTS  FOR  RECOGNITION.' 

Live-stock  associations  desiring  to  take  advantage  of  Regulation  G-3  must  file 
an  application  with  the  supervisor,  giving  the  names  of  all  members,  the 
name  of  the  Forest  in  which  its  members  are  interested,  and  the  names  of  the 
committeemen  who  are  to  act  for  the  association.  The  advisory  board  must 
consist  of  not  more  than  five  members,  who  must  be  users  of  the  National 
Forest,  and  a  majority  of  the  board  must  constitute  a  quorum. 

The  application  must  be  accompanied  by  a  copy  of  the  constitution  and 
by-laws  and  a  statement  that  the  action  of  the  board  will  be  binding  upon  the 
association.  These  by-laws  must  provide  that  all  persons  who  are  permitted  to 
graze  the  kind  of  stock  represented  by  the  association  will  be  eligible  to  mem¬ 
bership.  The  application  of  a  minority  association  must  also  be  accompanied 
by  a  petition  signed  by  sufficient  permittees  to  constitute  a  majority. 

PERMANENT  IMPROVEMENTS  UPON  RANGE. 

REGULATION  G-4.  Live-stock  associations  which  have  received  official  rec¬ 
ognition  from  the  Forest  Service  may  be  granted  permits  to  construct,  upon 
the  ranges  occupied  by  their  members,  corrals,  drift  and  division  fences,  roads, 
trails,  sources  of  water  supply,  and  other  forms  of  permanent  improvement 
designed  to  protect  the  Forest  lands  or  to  facilitate  the  handling  of  permitted 
stock.  In  cases  where  the  total  cost  of  construction  is  met  by  the  association, 
no  part  being  contributed  by  the  Government,  the  district  forester  may,  in  his 
discretion,  stipulate  and  agree  in  the  permit  that  during  a  period  of  10  years 
following  the  construction  of  an  improvement  all  permittees  who  are  allowed 
to  place  stock  upon  the  range  controlled  or  benefited  by  the  improvement  will 
be  required  to  pay  into  the  treasury  of  the  association  an  amount  equal  to 
their  pro  rata  share  of  the  cost  of  constructing  the  improvement,  provided 
that  the  improvement  has  been  and  is  being  maintained  in  serviceable  con¬ 
dition  by  the  association.  The  initial  pro  rata  charge  will  be  determined  by 
dividing  the  amount  expended  by  the  full  number  of  stock  which  may  be 
grazed  upon  the  range  controlled  or  directly  benefited  by  the  improvement,  but 
a  reduction  of  10  per  cent  of  the  original  amount,  to  cover  benefit  and  de¬ 
preciation,  will  be  made  during  each  of  the  nine  succeeding  years,  and  after 
the  tenth  year  the  improvement  will  become  the  property  of  the  Government. 
Stock  which  is  exempted  from  permit  by  the  regulations  will  not  be  subject 
to  assessment  under  this  rule.  (Issued  April  25,  1913,  to  take  effect  May  1, 

NECESSARY  CHARACTER. 

Before  approving  a  special-use  permit,  which  provides  for  the  payment  of  a 
pro  rata  share  of  the  cost  of  construction  by  each  permittee,  the  district  for- 


GRAZING. 


37 


ester  will  assure  himself  that  the  proposed  improvement  is  actually  necessary 
for  the  proper  management  of  the  stock,  will  be  generally  beneficial  to  the 
majority  of  the  permittees,  and  will  be  substantially  and  economically  con¬ 
structed. 

DETERMINATION  OF  INITIAL  PRO  RATA  CHARGE. 

Upon  the  completion  of  the  improvement  the  association  will  submit  an  item¬ 
ized  statement  of  the  costs  of  construction,  which  will  be  checked  and  verified 
by  the  supervisor,  who  will  withhold  his  approval  from  any  expenditure  which 
appears  to  be  extravagant  or  unnecessary. 

The  number  of  stock,  exclusive  of  those  exempt  from  permit,  which  may  be 
grazed  upon  the  area  described  in  the  special -use  agreement  will  be  deter¬ 
mined  by  the  supervisor. 

The  approved  total  cost  of  construction  will  be  divided  by  the  total  number  of 
permitted  stock  to  be  grazed  upon  the  range,  which  will  give  the  proportionate 
cost  per  head  of  stock.  This  will  be  the  initial  pro  rata  charge.  A  reduction 
of  one-tenth  of  the  initial  charge  will  be  made  during  each  of  the  nine  succeed¬ 
ing  years,  and  after  the  tenth  year  the  improvement  will  become  the  property 
of  the  Government. 

PRO  RATA  CHARGE  UPON  ADDITIONAL  STOCK  UNDER  PERMIT. 

Permittees  who  are  allowed  to  increase  the  number  of  stock  under  permit 
will  be  required  to  pay  the  prevailing  pro  rata  charge  upon  all  additional 
stock  placed  upon  the  range  unless  the  stock  are  purchased  from  a  permittee 
who  has  paid  the  pro  rata  charge  and  has  signed  an  agreement  waiving  all 
claims  to  preference  in  the  use  of  the  range. 

PRO  RATA  CHARGE  PAID  BY  NEW  OWNERS. 

When  Class  A  owners  are  provided  for  by  the  reduction  of  permits  of  old 
users  on  areas  which  are  fully  occupied,  the  amount  received  for  the  pro  rata 
charge  of  the  new  users  may  be  used  by  the  association,  either  for  maintenance 
of  the  improvements  or  for  a  proportionate  refund  to  the  permittees  who  have 
been  reduced. 

TO  WHOM  PRO  RATA  CHARGE  SHOULD  BE  PAID. 

Forest  officers  must  not  receive  payments  to  cover  the  cost  of  permanent  im¬ 
provements,  maintain  the  permanent  improvement  accounts  of  an  association, 
or  assume  official  responsibility  for  the  costs  of  constructing  or  maintaining  an 
improvement.  These  are  the  functions  of  the  association  to  which  the  special- 
use  agreement  has  been  issued. 

RANGE  IMPROVEMENT  UNDER  SPECIAL-USE  PERMITS. 

Drift  fences,  corrals,  and  stock  tanks  may  be  constructed,  and  pastures 
inclosed,  on  National  Forest  ranges  under  special-use  permits,  the  details  in 
regard  to  which  are  given  on  pages  69  and  TO. 

PERMIT  NECESSARY  TO  GRAZE  STOCK. 

REGULATION  G-5.  All  persons  must  secure  permits  before  grazing  any  stock 
in  a  National  Forest,  except  for  the  few  head  in  actual  use  by  prospectors, 
campers,  and  travelers,  or  saddle,  pack,  and  work  animals  actually  used  in 
connection  with  permitted  operations  on  the  National  Forests,  and  milch  or 
work  animals  not  exceeding  a  total  of  10  head  owned  and  in  use  by  bona  fide 
settlers  residing  in  or  near  a  National  Forest,  which  requires  no  permit.  (Issued 
April  25,  1913,  to  take  effect  May  1,  1913.) 

STOCK  EXEMPT  FROM  PERMIT. 

No  stock  may  be  grazed  without  a  permit,  except  milch  or  work  animals 
which  are  in  actual  use.  A  settler  owning  only  10  head  or  less  of  stock  which 
are  neither  milch  nor  work  animals  will  be  required  to  apply  for  permit  and 
pay  the  grazing  fees,  while  a  settler  owning  any  number  of  stock  will  be  al¬ 
lowed  to  graze  10  head  of  milch  or  work  animals  without  permit  and  free  of 
charge. 

A  saddle  horse  not  in  use  and  turned  out  to  graze  during  any  entire  estab¬ 
lished  season  should  be  covered  by  permit.  In  cases  where  transportation  com¬ 
panies  are  grazing  large  numbers  of  horses  which  are  used  in  transporting 
travelers  within  National  Forests,  the  stock  must  be  covered  by  permit. 


38 


THE  USE  BOOK. 


SPECIAL  CONCESSIONS  TO  INDIANS. 

Special  concessions  may  be  made  by  the  Secretary  of  Agriculture  to  Indians 
wlio  are  enrolled  upon  the  records  of  the  Office  of  Indian  Affairs  and  who  are 
dependent  upon  the  National  Forest  ranges  for  the  pasturage  of  their  stock. 
Such  concessions  will  not  apply  to  intermarried  white  persons,  except  those 
who  have  been  formally  adopted  by  the  tribe  and  enrolled  upon  the  records  of 
the  Indian  Office. 


ON- AND- OFF  PERMITS. 

REGULATION  G-6.  Persons  owning  stock  which  regularly  graze  on  ranges 
only  partially  included  within  a  National  Forest,  or  upon  range  which  includes 
private  land  of  unknown  ownership,  may  be  granted  permits  for  such  portions 
of  their  stock  as  the  circumstances  appear  to  justify,  but  may  be  required  so 
to  herd  or  handle  their  stock  as  to  prevent  trespassing  by  that  portion  for 
which  a  permit  is  not  granted.  (Issued  April  25,  1913,  to  take  effect  May 
1,  1913.) 

This  regulation  is  designed  solely  to  provide  for  cases  where  only  a  part  of  a 
natural  range  unit  is  National  Forest  land,  and  where  the  economical  use  of  the 
entire  unit  can  be  secured  only  by  the  utilization  of  the  Forest  land  in  connec¬ 
tion  with  the  other  land.  The  regulation  contemplates  a  movement  of  the 
stock,  governed  by  natural  conditions,  between  the  Forest  range  and  the  ad¬ 
joining  outside  range,  or  between  Forest  land  and  intermingled  private  land, 
and  the  payment  of  grazing  fees  upon  that  portion  of  the  stock  which  it  is 
estimated  will  be  grazed  upon  the  Forest.  Only  under  such  conditions  will  an 
on-and-off  permit  be  granted. 

CONTINUOUS  OCCUPANCY  DUPvING  SHORT  PERIODS. 

Where  the  use  of  the  Forest  land  is  confined  to  one  continuous  period  during 
a  part  of  an  established  grazing  season,  the  issuance  of  an  on-and-off  permit 
covering  a  part  of  the  stock  would  be  equivalent  to  the  establishment  of  a  short 
grazing  period  by  the  supervisor,  often  at  a  rate  below  the  minimum  prescribed 
by  the  regulations,  and  therefore  is  not  allowed.  Where  occupancy  of  Forest 
lands  is  continuous  and  not  intermittent  the  district  forester,  if  he  considers 
such  action  advisable,  will  establish  short  grazing  periods,  payment  to  be  re¬ 
quired  for  the  full  number  of  stock  grazed  upon  Forest  land. 

ON-AND-OFF  PRIVATE  LANDS. 

Sometimes  the  ownership  of  private  land  within  a  National  Forest  is  un¬ 
known,  or  the  owner  does  not  object  to  its  use  without  compensation  or  lease. 
Frequently  a  permittee  owns  or  leases  private  lands  comprising  more  than  50 
per  cent  of  his  range  allotment.  In  such  cases  permits  may  be  issued  for  the 
adjoining  range  under  the  provisions  of  Regulation  G-6,  and  the  grazing  fees 
paid  only  on  the  stock  which  will  be  grazed  upon  National  Forest  land,  but  the 
permittees  must  agree  to  remove  all  stock  in  excess  of  the  number  covered  by 
the  grazing  permit,  if  deprived  of  the  use  of  the  private  lands  by  the  owners  or 
lessees  thereof. 

PRIVATE  GRAZING  LANDS  WITHIN  NATIONAL  FORESTS. 

REGULATION  G-7.  Persons  who  own,  or  who  have  leased  from  the  owners, 
nnfenced  lands  within  any  National  Forest,  which  are  so  situated  and  of  such 
character  that  they  may  be  used  by  other  permitted  stock  to  an  extent  render¬ 
ing  the  exchange  advantageous  to  the  Government,  may  secure  permits  allowing 
them  to  graze  upon  National  Forest  land,  free  of  charge,  the  number  of  stock 
which  the  private  lands  will  support,  by  waiving  the  right  to  the  exclusive  use 
of  the  private  land  and  allowing  it  to  remain  open  to  other  stock  grazed  on 
National  Forest  land  under  permit. 

The  application  must  be  accompanied  by  a  personal  certificate  of  title  show¬ 
ing  the  description  and  ownership  of  the  land,  and,  if  leased  from  an  owner,  a 


GRAZING. 


39 


copy  of  the  lease,  and  must  state  the  number  and  kind  of  stock  permit  is  desired 
for,  the  range  which  it  is  desired  to  occifpy,  and  the  period  during  which  the 
stock  will  remain  upon  the  Forest.  Permits  will  be  subject  to  the  same  re¬ 
strictions  regarding  the  use  of  the  range  as  permits  issued  under  other  regula¬ 
tions.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

The  privilege  of  grazing  sheep  and  goats  upon  National  Forest  lands,  under 
Regulation  G—7,  will  be  allowed  only  upon  such  ranges  as  are  open  to  this 
kind  of  stock. 

Where  more  than  one-half  of  the  land  comprising  the  range  allotment  is  con¬ 
trolled  by  the  applicant,  ordinarily  an  on-and-off  permit  may  be  issued.  The 
waiver  of  exclusive  use  of  unfenced  private  land  is  not  required  unless  the 
interests  of  the  Government  especially  demand  it. 

ALLOWANCES  FOE  PRIVATE  LANDS. 

The  following  rules  will  govern  grazing  allowances  on  account  of  private 
land  within  National  Forests  the  exclusive  use  of  which  has  been  waived. 

Bona  fide  settlers  who  have  made  homestead  entry,  but  have  not  yet  made 
final  proof,  may  be  allowed  free  permits  for  grazing  upon  National  Forest  lands 
the  number  of  animals  their  land  will  support. 

Persons  who  have  filed  upon  land  within  the  National  Forests  under  laws  not 
requiring  residence  may  be  allowed  free  permits  for  grazing  upon  National 
Forests  the  number  of  stock  their  lands  will  support,  after  they  have  made  final 
payment  for  the  land. 

Owners  or  lessees  of  Indian  allotments  may  be  allowed  permits  for  grazing 
upon  National  Forests  the  number  of  animals  the  land  will  support,  provided 
that  patent  has  issued  or  a  lease  has  been  executed  upon  the  blanks  of  the  In¬ 
dian  Office  and  approved  by  the  Commissioner  of  Indian  Affairs. 

Persons  holding  unpatented  mining  claims  within  a  National  Forest  have  the 
right  to  the  grass  or  other  forage  upon  such  claim,  needed  for  stock  used  in 
connection  with  the  development  of  the  claims,  but  they  have  no  right  to  dis¬ 
pose  of  the  forage  to  any  other  person  or  to  collect  rental  for  the  use  of  the 
claims  for  grazing  purposes.  Such  unperfected  mining  claims,  therefore,  can 
not  be  accepted  as  the  basis  for  a  permit  under  Regulation  G-7. 

Bona  fide  squatters  upon  unsurveyed  lands  may  be  allowed  permits  for 
grazing  the  number  of  animals  their  claims  will  support,  provided  no  claim 
exceeds  160  acres. 

Persons  who  have  applied  to  purchase  or  who  have  leased  any  lands  covered 
by  State  selections  will  be  allowed  free  grazing  privileges  on  account  of  these 
lands. 

Persons  who  have  applied  to  purchase  or  who  have  leased  railroad  land 
within  the  indemnity  limits  will  be  allowed  free  grazing  privileges  on  account 
of  such  land  after  survey  and  selection  by  the  railroad  company  and  approval 
by  the  Secretary  of  the  Interior. 

The  use  of  unsurveyed  unselected  lands  within  both  the  primary  and  in¬ 
demnity  limits  of  railroad  grants  will  be  allowed  in  accordance  with  the 
grazing  regulations  under  regular  paid  permits. 

CROSSING  PERMITS. 

REGULATION  G-8.  Persons  wishing  to  drive  stock  across  any  portion  of  a 
National  Forest  to  reach  either  public  or  private  lands,  except  when  the  stock 
will  be  driven  along  a  public  highway  or  will  not  be  grazed  upon  National 
Forest  lands,  must  make  application  to  the  supervisor  or  other  Forest  officer  for 
a  permit  to  graze  the  stock  en  route,  and  must  have  a  permit  from  the  super¬ 
visor  or  such  other  Forest  officer  as  he  may  designate,  before  entering  the 
National  Forest.  The  application  must  state  the  number  of  stock  to  be  driven, 
the  date  of  starting,  and  period  required  for  passage.  Grazing  must  be  confined 
to  the  limits  and  along  the  route  designated  by  the  Forest  officers,  and  will 
only  be  allowed  for  the  period  necessary  for  stock  to  cross  the  National  Forest. 
(Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

The  regular  grazing  permit  carries  with  it  the  privilege  of  driving  the  per¬ 
mitted  stock  over  the  National  Forest  lands  to  and  from  the  allotted  ranges 
at  the  beginning  and  end  of  the  grazing  season  and  from  the  range  to  the  most 
accessible  shearing,  dipping,  and  shipping  points  during  the  term  of  the  permit. 


40 


THE  USE  BOOK. 


CONDITIONS  UNDER  WHICH  GRANTED. 

Crossing  permits  may  be  granted  to  points  beyond  the  National  Forest,  to 
private  lands  within  a  National  Forest,  or  to  reach  dipping  vats  or  railroad 
shipping  points. 

Crossing  permits  will  not  be  issued  prior  to  the  opening  of  the  grazing 
season  except  upon  an  established  driveway.  They  . will  not  be  issued  for  stock 
which  is  so  poor  that  it  will  not  be  able  to  cross  the  Forest,  nor  for  stock 
to  be  driven  to  private  land  within  the  Forest  if  the  land  is  unfenced  and  the 
number  of  stock  is  greater  than  it  will  support  without  trespass  upon  adjoining 
Forest  lands. 

QUARANTINE  REGULATIONS. 

It  is  absolutely  essential  that  persons  crossing  stock  comply  with  the  regula¬ 
tions  governing  the  National  Forests  and  with  the  quarantine  regulations 
prescribed  by  the  Secretary  of  Agriculture  and  the  State  authorities.  The  con¬ 
dition  of  stock  as  to  contagious  or  infectious  diseases  will  be  determined  by  the 
proper  Federal  or  State  authorities.  Compliance  being  assured,  and  if  the  privi¬ 
lege  will  not  expose  the  National  Forest  to  damage  or  the  regular  permittees 
using  it  to  inconvenience  or  financial  loss,  the  permit  will  be  issued  without 
delay  and  with  the  fewest  possible  restrictions. 

APPLICATIONS  FOR  CROSSING  PERMITS. 

Applications  for  crossing  permits  may  be  made  either  in  person  or  by  letter 
and  the  permits  issued  to  either  the  owner  or  person  in  charge  of  the  stock. 

GRAZING  FEES. 

• 

REGULATION  G-9.  A  reasonable  fee  will  be  charged  for  grazing  all  kinds  of 
stock  on  National  Forests,  except  as  otherwise  provided  in  these  Regulations. 
The  rates  will  be  based  upon  the  yearlong  rate  for  cattle,  which  will  be  from 
35  to  60  cents  per  head,  depending  upon  the  advantages  and  the  locality  of  the 
Forest. 

The  yearlong  rates  for  horses  will  be  from  25  to  40  per  cent  more  and  the 
yearlong  rates  for  swine  from  25  to  40  per  cent  less  than  the  rate  for  cattle. 
On  Forests  where  the  quality  of  range  and  advantages  for  grazing  cattle  and 
sheep  or  goats  are  equal,  the  yearlong  rate  for  sheep  and  goats  will  be  30  per 
cent  of  the  yearlong  rate  for  cattle,  but  where  the  above-mentioned  conditions 
warrant  it,  this  percentage  may  be  departed  from  and  the  yearlong  rates  for 
sheep  and  goats  fixed  within  the  following  limits:  From  10  to  12  cents  on  Forests 
where  the  rate  for  cattle  is  35  cents;  from  12  to  14  cents  on  Forests  where  the 
rate  for  cattle  is  40  cents;  from  12  to  15  cents  on  Forests  where  the  rate  for 
cattle  is  45  cents;  from  14  to  16  cents  on  Forests  where  the  rate  for  cattle  is 
50  cents;  from  15  to  18  cents  on  Forests  where  the  rate  for  cattle  is  60  cents. 

The  rates  for  all  kinds  of  stock  for  periods  shorter  than  yearlong  will  be 
based  upon  a  charge  of  one-ninth  of  the  annual  rate  per  month  for  periods  of  less 
than  four  months,  or  periods  beginning  between  July  15  and  October  15,  or  of 
one-tenth  of  the  annual  rate  per  month  for  periods  of  four  months  or  over  be¬ 
ginning  between  October  16  and  July  14,  provided  that  the  rates  on  sheep, 
goats,  and  swine  shall  not  be  divided  into  fractional  amounts  of  less  than  one- 
fourth  of  1  cent,  and  the  rates  on  cattle  and  horses  shall  not  be  divided  into 
fractional  amounts  of  less  than  1  cent;  and  provided  that  the  minimum  rate 
for  any  short  period  shall  not  be  less  than  20  cents  per  head  on  cattle,  25  cents 
per  head  on  horses,  12  cents  per  head  on  swine,  or  5  cents  per  head  on  sheep 
or  goats.  An  extra  charge  of  2  cents  per  head  will  be  made  for  sheep  or  goats 
which  are  allowed  to  enter  the  National  Forests  for  the  purpose  of  lambing  or 
kidding.  No  charge  will  be  made  for  animals  under  6  months  of  age  at  the 
time  of  entering  the  Forest  which  are  the  natural  increase  of  stock  upon  which 
fees  are  paid  or  for  those  born  during  the  season  for  which  the  permit  is 
allowed.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

WHEN  ANIMALS  UNDER  6  MONTHS  ARE  SUBJECT  TO  CHARGE. 

The  full  grazing  fee  will  be  charged  on  all  animals  under  G  months  of  age 
which  are  not  the  natural  increase  of  stock  upon  wrhicli  the  fees  are  paid. 


GRAZING. 


41 


NO  REDUCTION  BECAUSE  OF  PARTIAL  USE. 

No  reduction  in  grazing  fee  will  be  made  when  the  stock  do  not  graze  upon 
the  National  Forest  during  the  entire  period  allowed,  nor  will  an  increased 
number  of  stock  be  allowed  to  enter  the  Forest  for  this  reason. 


ADDITIONAL  TIME  ALLOWANCE. 

The  supervisor  may  allow  stock  to  enter  nor  more  than  15  days  in  advance 
of  the  date  fixed  for  the  beginning  of  a  grazing  period,  or  allow  them  to  remain 
15  days  after  the  expiration,  without  additional  charge,  when  the  needs  of  the 
people  demand  such  action  and  the  condition  of  the  range  warrants. 

EXTENSION  OF  PERMITS. 

If  suitable  range  is  available  within  the  National  Forest  grazing  permits  for 
short  periods  may  be  extended  and  made  effective  for  any  of  the  longer  periods 
established  for  the  Forest  upon  payment  of  the  difference  between  the  rates 
established  for  the  two  periods.  The  fee  representing  the  difference  between 
the  two  rates  must  be  paid  not  only  upon  stock  covered  by  the  original  permit 
which  are  to  be  grazed  during  the  extended  period,  but  also  upon  all  additional 
animals  which  have  reached  the  age  of  6  months  during  the  original  permit 
period. 

GRAZING  FEES  PAYABLE  IN  ADVANCE. 


REGULATION  G-10.  All  grazing  fees  are  payable  in  advance.  When  an 
applicant  for  a  grazing  permit  is  notified  by  the  supervisor  that  his  application 
has  been  approved,  he  will  remit  the  amount  due  for  grazing  fees  to  the  District 
United  States  Depository,  and  upon  receipt  of  notice  by  the  supervisor  that 
payment  has  been  made,  a  permit  will  be  issued  allowing  the  stock  to  enter  the 
Forest  and  remain  during  the  period  specified. 

Persons  who  fail  to  pay  the  grazing  fee  before  the  beginning  of  the  grazing 
period  must  notify  the  supervisor  and  give  satisfactory  reasons,  or  within  the 
discretion  of  the  supervisor  may  be  denied  a  grazing  permit  the  following 
season.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

The  approval  of  an  application  to  graze  stock  on  Forest  land  does  not  author¬ 
ize  the  grazing  of  the  stock.  Persons  who  place  stock  upon  a  National  Forest 
before  they  have  paid  the  grazing  fees  due  and  secured  a  permit  are  guilty  of 
grazing  trespass,  thereby  becoming  subject  to  a  demand  for  damages,  or,  in 
aggravated  cases,  to  civil  or  criminal  action. 


REFUNDS. 


REGULATION  G-ll.  Grazing  fees  will  not  be  refunded  for  nonuse  of  the 
permit,  except  when,  in  the  opinion  of  the  district  forester,  the  applicant  is 
prevented  from  using  the  range  by  circumstances  over  which  he  has  no  control, 
or  his  range  is  trespassed  upon,  or  renewal  of  permit  is  allowed  to  a  purchaser 
of  the  stock.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Excess  payments. 

Whenever  payment  in  excess  of  the  amount  due  is  made,  the  amount  over¬ 
paid  will  be  refunded.  Applications  for  the  refund  of  moneys  in  excess  of  the 
amount  due  must  be  accompanied  by  a  copy  of  the  grazing  permit  issued, 
showing  the  amount  received  and  the  number  of  stock  and  grazing  period  cov¬ 
ered  by  the  permit. 

Grounds  for  refund. 

Applications  for  the  refund  of  money  paid  on  account  of  a  grazing  permit 
must  be  accompanied  by  a  statement  giving  the  reasons  for  not  using  the 
permit.  This  may  be  either  the  written  statement  of  the  permittees  or  a  report 
by  a  Forest  officer  who  has  looked  up  the  case. 

Refunds  will  be  made  to  a  person  who  applies  for  a  permit  and  does  not  use 
it  only  when  the  nonuse  is  caused  by  some  circumstance,  over  which  he  has 


42 


THE  USE  BOOK. 


no  control.  Unusual  climatic  conditions,  floods,  high  water  in  streams,  heavy 
snow,  etc.,  or  infectious  disease  causing  quarantine  by  Federal  or  State  author¬ 
ity,  loss  of  stock  caused  by  poison,  disease,  railroad  wrecks,  or  in  some  unusual 
manner  are  valid  reasons  for  refund.  In  all  cases  of  unusual  loss  where  it  is 
either  impracticable  or  impossible  for  the  applicant  to  secure  other  stock  a 
refund  may  be  made,  but  if  the  stock  can  be  replaced  this  will  be  required. 

Loss  of  range  through  trespass  or  error. 

An  equitable  portion  of  the  grazing  fees  may  be  refunded  when  a  permittee 
is  prevented  from  enjoying  the  full  use  of  his  range  by  reason  of  trespassing 
stock  entering  upon  it  or  on  account  of  an  error  by  a  Forest  officer. 

Sale  of  stock. 

Refunds  will  be  made  on  account  of  stock  having  been  sold  only  when  the 
preference  in  renewal  of  the  permit  is  waived  by  the  original  owner  to  the 
Government  and  the  purchaser  is  allowed  a  permit.  In  such  a  case  the  fees 
on  the  number  of  stock  repermitted  may  be  refunded  to  the  original  permittee 
on  his  request. 

The  amount  which  will  be  refunded  will  not  exceed  the  amount  of  the  fees 
due  on  the  permit  issued  to  the  purchaser.  The  difference,  if  any,  between 
the  amount  paid  on  the  original  permit  and  the  amount  due  on  the  new  permit 
will  not  be  refunded.  A  permittee  who  sells  his  stock  under  conditions  which 
justify  a  full  renewal  of  the  permit  to  the  purchaser,  and  signs  a  waiver  to  its 
renewal  to  himself,  is  entitled  to  a  refund  of  the  full  amount  paid.  If  the 
conditions  justify  a  renewal  for  only  80  per  cent  of  the  number  of  stock  covered 
by  the  original  permit,  then  80  per  cent  of  the  original  payment  will  be 
refunded. 

Failure  to  purchase  stock. 

Persons  who  make  application  to  graze  stock  which  they  do  not  own  but 
intend  to  purchase  will  not  be  entitled  to  a  refund  because  they  fail  to  secure 
the  slock  or  change  their  plans.  They  may,  however,  place  stock  upon  the  range 
at  any  time  during  the  period  allowed  by  the  permit. 

APPORTIONMENT  OF  GRAZING  PRIVILEGES. 

NOTICE  TO  APPLICANTS. 

REGULATION  G-12.  When  notice  of  the  grazing  allowance,  periods,  and  rates 
for  each  year  has  been  received  by  the  supervisor,  he  will  give  public  notice 
of  a  date  on  or  before  which  all  applications  for  grazing  must  be  presented 
to  him.  Permits  may  be  refused  to  persons  who  do  not  file  their  applications 
within  the  required  time,  unless  satisfactory  reasons  are  given.  (Issued  April 
25,  1913,  to  take  effect  May  1,  1913.) 

NOTIFICATION  OF  PERMITTEES. 

All  persons  who  held  permits  during  the  previous  year  will  be  notified  by 
postal  card  or  circular  letter  of  the  date  upon  which  applications  for  grazing 
permits  must  be  filed  with  the  supervisor. 

FINAL  DATE  FOR  RECEIPT  OF  APPLICATIONS. 

Applications  must  be  received,  range  allotments  made,  and  permits  issued 
before  the  beginning  of  the  grazing  season.  This  necessitates  fixing  a  date 
sufficiently  far  in  advance  to  enable  the  supervisor  to  complete  the  work  of 
issuing  the  permits.  The  date  having  been  widely  published,  it  will  be  assumed 
that  the  applications  on  file  on  that  day  represent  all  the  users  of  the  Forest 
range  entitled  to  consideration,  and  the  supervisor  will  then  proceed  to  allot 
the  grazing  privileges. 

Supervisors  acknowledge  the  receipts  of  applications  by  postal  card. 

APPLICATION  FOR  PERMITS. 

REGULATION  G-13.  Applications  for  grazing  permits  must  be  submitted  on 
blank  forms  which  will  be  furnished  by  the  supervisor,  and  the  information 
necessary  to  complete  the  application  must  be  furnished  in  detail.  The  num- 


GRAZING. 


43 


ber  of  stock  must  not  be  greater  than  the  number  the  applicant  actually 
owns  or  intends  to  purchase  or  less  than  the  number  he  intends  to  graze  upon 
the  Forest.  Speculation  in  the  use  of  grazing  permits  will  not  be  allowed,  and 
permits  will  be  refused  or  canceled  for  intentional  false  statement  of  the  number 
of  stock  owned. 

For  all  purposes  of  permanent  allotment  each  member  or  stockholder  of  a 
firm  or  corporation  will  be  considered  as  holding  a  permit  to  graze  the  full 
number  of  stock  covered  by  any  and  all  grazing  permits  issued  to  such  firm 
or  corporation.  The  individual  permit  of  a  person  who  acquires  an  interest 
in  the  permit  of  any  firm  or  corporation  will  be  subject  to  reduction  in  its 
renewal  when  the  combined  number  of  stock  covered  by  all  permits  in  which 
the  person  is  interested  exceeds  the  maximum  limit.  (Issued  April  25,  1913, 
to  take  effect  May  1,  1913.) 

Should  be  complete. 

It  is  required  that  every  question  contained  in  Forms  298  and  879  shall  be 
answered  by  the  applicant,  either  affirmatively  or  negatively,  because  the  in¬ 
formation  serves  as  the  basis  for  the  apportionment  of  grazing  privileges  and 
constitutes  the  record  maintained  by  the  Forest  Service. 

Certified  statement. 

When  necessary,  an  applicant  may  be  required  to  furnish  a  certified  state¬ 
ment  showing  the  name,  residence,  and  interest  of  any  other  person  in  the 
stock  covered  by  his  application.  The  district  forester  may  require  firms  or 
corporations  to  furnish  a  certified  statement  of  the  name  and  residence  of  all 
members  and  stockholders. 

Partnerships  or  corporations. 

If  the  supervisor  has  reason  to  believe  that  a  new  applicant,  or  one  seeking 
the  renewal  of  a  permit  on  account  of  purchase,  already  holds  an  interest  in 
a  company  grazing  stock  under  permit,  he  may  require  this  information,  or  may 
require  it  if  there  is  a  question  of  preference  between  two  companies  or 
corporations. 

Sworn  statement. 

A  sworn  statement  of  the  essential  facts  may  be  required  of  applicants  by  a 
forest  supervisor. 

False  statements  or  suppression  of  material  facts.’ 

If  at  any  time  between  the  first  allotment  of  a  grazing  privilege  and  the  final 
closure  of  the  case  through  the  acceptance  by  the  forest  supervisor  of  a  waiver 
of  grazing  privileges  it  is  discovered  that  the  original  allotment  of  the  privilege 
or  its  subsequent  renewal  was  secured  by  willful  misrepresentation  or  the  sup¬ 
pression  of  material  facts,  the  permit  shall  be  revoked  and  the  grazing  privilege 
declared  forfeited  upon  the  termination  of  the  current  grazing  period,  even 
though  the  permitted  stock  have  in  the  meantime  been  transferred  to  a 
purchaser. 

Knowledge  of  fraud  or  defect  in  permit  by  purchaser. 

When  a  purchaser  of  permitted  stock  who  has  applied  for  a  renewal  of 
grazing  permit  has  no  direct  or  indirect  knowledge  of  fraud  or  fatal  defect  in 
the  base  permit,  a  clear  official  record  in  the  case  of  the  original  permittee  at 
the  time  the  waiver  is  accepted  will  be  construed  in  favor  of  the  purchaser  of 
the  stock,  and  if  the  new  owner  has  exercised  such  care  and  diligence  as  might 
be  expected  of  a  reasonably  prudent  man  in  ascertaining  the  bona  tides  of  the 
base  permit,  any  latent  defect  which  may  subsequently  develop  will  not  be  held 
as  invalidating  the  permit,  but  will  be  set  aside  and  the  continued  enjoyment  of 
the  privilege  allowed. 

Unintentional  misstatement  or  misrepresentation. 

Unintentional  violation  of  the  regulations  or  terms  of  the  application  and 
permit  in  the  acquirement  or  renewal  of  the  privilege  will  not  be  construed  as 
fatal  to  the  continued  enjoyment  of  the  permit  by  the  original  permittee  or  to 
the  renewal  of  the  privilege  to  a  purchaser  otherwise  qualified,  but  the  burden 
of  proof  as  to  good  intent  will  rest  upon  the  person  committing  the  breach 
of  regulations  or  terms  of  the  application  and  permit,  and  such  person  must 
satisfy  the  supervisor  that  the  wrongful  conduct  was  entirely  unintentional 
before  he  will  be  relieved  of  responsibility. 


44 


THE  USE  BOOK. 


Error  on  part  of  Forest  officer. 

The  Forest  Service  will  not  cancel  or  reduce  a  permit  because  of  a  mistake 
made  by  a  Forest  officer,  if  the  permittee  has  furnished  the  required  informa¬ 
tion  and  has  not  contributed  to  the  original  error. 

Statement  of  ownership. 

The  new  applicant  is  classified  according  to  the  total  number  of  stock  he 
owns;  therefore  it  is  necessary  that  he  shall  state  in  his  application  the  total 
number  of  stock  owned  by  him.  Unless  permit  for  an  increased  number  of 
stock  is  applied  for,  an  established  permittee  whose  classification  is  fixed  need 
only  assert  ownership  of  the  number  of  stock  for  which  permit  is  desired. 

Applications  for  long-term  permits. 

When  authorized  by  the  Secretary  of  Agriculture  applications  may  be  ap¬ 
proved  for  permits  during  a  term  of  not  more  than  5  years.  A  term  of  5 
years  having  been  established,  applications  received  subsequent  to  the  initial 
year  will  be  approved  for  the  unexpired  portion  of  the  term — 4,  3,  or  2  years, 
as  the  case  may  be — so  that  all  term  applications  will  expire  simultaneously. 
The  permits  will  be  issued  and  the  grazing  fees  paid  annually  on  the  number 
of  stock  for  which  the  application  is  approved. 

Applications  for  term  permits  will  be  canceled  for  failure  to  pay  the  grazing 
fees  for  any  one  year  or  for  failure  to  use  the  range  for  more  than  one  year, 
unless  unusual  circumstances  exist. 

Method  of  approving  applications. 

The  supervisor  will  immediately  notify  the  applicant  of  the  approval  of  his 
application  by  a  letter  of  transmittal  showing  the  number  of  stock  for  winch 
the  application  has  been  approved,  the  period,  and  the  fees  to  be  paid. 

Method  of  disapproving  applications. 

When  a  grazing  application  is  disapproved  the  supervisor  will  notify  the 
applicant  by  letter,  giving  the  reasons  for  his  action,  and  will  send  a  copy  to 
the  district  forester. 


QUALIFICATIONS  OF  APPLICANTS. 

REGULATION  G-14.  Grazing  permits  will  be  issued  only  to  persons  entitled  to 
share  in  the  use  of  the  range  within  National  Forests  by  virtue  of  prior  use 
and  occupancy  of  National  Forest  lands  for  grazing  purposes;  or  by  local  resi¬ 
dence,  ownership  of  improved  ranch  property  within  or  near  the  Forest,  and 
dependence  upon  the  range;  or  by  the  acquisition  of  stock  grazed  upon  Na¬ 
tional  Forest  lands  under  permit  and  of  improved  ranch  property  used  in  con¬ 
nection  with  the  stock  under  circumstances  which  warrant  an  entire  or  partial 
renewal  of  the  permit  issued  to  the  former  owner,  except  when  there  is  surplus 
range,  in  which  case  temporary  permits  may  be  issued  to  owners  of  transient 
stock  or  to  regular  permittees  for  an  increased  number  of  stock. 

Nonuse  of  a  range  during  one  year,  except  as  authorized  by  the  instructions 
of  the  Forester,  will  be  sufficient  grounds  for  the  denial  of  grazing  privileges. 
(Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Those  by  whom  grazing  permits  may  be  obtained. 

Grazing  permits  may  be  secured  by : 

(«)  One  wrho  has  previously  used  and  occupied  lands  included  writhin  a 
National  Forest. 

(b)  Local  residents  ouming  improved  ranch  property  and  depending  upon  the 
range  for  a  livelihood.  ( See  instructions  under  “  Permits  to  new  owners/’ 
p.  54.) 

(c)  A  member  of  a  copartnership  or  corporation  wffiich  formerly  held  a  per¬ 
mit — for  the  number  of  stock  equal  to  his  share  in  the  original  permit.  (See 
instructions  under  “Renewal  of  permits,”  p.  50.) 

( d )  The  purchaser  of  a  permittee's  stock  or  ranches,  or  both,  under  circum¬ 
stances  justifying  a  renewal.  (See  instructions  under  “Renewal  of  permits,” 
p.  50.) 

(e)  The  inheritor  of  a  permittee's  stock  or  ranches,  or  both,  under  circum¬ 
stances  justifying  a  renewal  of  the  permit.  (See  instructions  under  “  PreferT 
ences,”  p.  4G. ) 

Prior  use  of  range. 

The  regular  use  of  a  range  during  its  open  season  for  several  successive 
years  before  creation  of  a  Forest  and  under  grazing  permit  thereafter  is 


GRAZING. 


45 


what  is  meant  by  “  prior  use  ”  or  “  regular  occupancy.”  So  far  as  is  consist¬ 
ent  with  other  conditions,  preference  will  be  given  to  those  who  have  continu¬ 
ously  used  the  range  for  the  longest  period. 

Ranch  property  must  be  owned. 

A  person  can  not  qualify  as  a  permittee  through  the  leasing  of  land  or  ranch 
property  only.  Actual  owners  of  ranch  property  used  in  connection  with  the 
permitted  stock  will  be  recognized  as  qualified  to  share  in  the  use  of  the  Forest 
ranges  on  the  basis  of  prior  use. 

New  settlers. 

New  settlers  upon  unimproved  lands  in  either  Government  or  private  owner¬ 
ship  may  be  granted  temporary  grazing  privileges,  which  will  be  contingent 
upon  continued  residence  upon  the  lands,  their  improvement,  and  compliance 
with  the  United  States  land  laws  or  contract  agreements,  and  will  not  become 
permanent  until  after  three  years’  use  of  the  range.  They  may,  in  the  discretion 
of  the  supervisor,  be  limited  in  their  initial  use  of  the  range  to  not  more  than 
one-half  of  the  number  of  stock  allowed  to  established  bone  fide  Class  A  new 
applicants,  with  the  understanding  that  they  will  receive  annual  increases 
which,  at  the  end  of  the  three-year  temporary  period,  will  allow  them  to  graze 
the  same  number  of  stock  as  other  Class  A  new  applicants.  Subsequent  to  the 
expiration  of  the  three-year  temporary  period  their  status  will  be  the  same*as 
that  of  other  Class  A  new  applicants. 

Cooperative  associations. 

A  cooperative  association  is  an  organization  formed  for  purposes  of  eco¬ 
nomical  management  of  stock  upon  the  range,  wherein  the  stock  of  the  different 
owners  are  run  together  under  a  joint  management,  although  each  member 
retains  absolute  personal  title  and  right  of  possession  to  the  stock  grazed  in  his 
name,  enjoys  actual  personal  use  of  the  range  to  the  full  extent  of  his  permit, 
and  acknowledges  personal  responsibility  for  the  proper  management  of  his 
stock  within  the  Forest.  Each  member  of  such  a  cooperative  association  must 
make  individual  application  for  the  number  of  stock  for  which  he  desires 
permit.  The  approval  of  the  application  will  be  based  upon  the  individual 
qualifications  of  the  applicant.  In  no  case  will  .the  total  number  of  stock  grazed 
under  permit  by  all  members  of  a  cooperative  association  be  allowed  to  exceed 
the  maximum  limit  established  for  the  Forest. 

Use  of  common  brand  or  mark. 

The  use  of  a  common  mark  or  brand  and  the  distribution  of  profits,  losses, 
and  running  expenses  on  a  pro  rata  basis  will  not  be  considered  objectionable 
if  conclusive  proof  is  submitted  to  show  that  no  part  of  the  benefits  derived 
from  grazing  each  specific  number  of  stock  upon  the  National  Forest  range  is  to 
be  shared  by  others  than  the  permittee. 

Firm,  partnership,  copartnership. 

A  firm  or  copartnership  must  be  in  either  Class  B  or  Class  C.  It  can  estab¬ 
lish  a  grazing  preference  in  two  ways :  By  use  and  occupancy  of  the  lands  in¬ 
cluded  within  the  Forest  prior  to  its  creation,  and  by  the  purchase  of  the  stock 
or  ranches,  or  both,  of  a  permittee  under  conditions  justifying  a  renewal  of  the 
permit. 

Corporation. 

A  corporation  can  not  be  given  the  same  consideration  as  an  individual 
owrner;  it  must  be  in  Class  B  or  Class  C.  Between  two  corporations,  one  com¬ 
posed  of  local  residents  and  the  other  of  nonresidents,  preference  will  be  given 
the  local  corporation.  In  no  case  will  preference  be  given  a  corporation  over 
private  individual  owners,  whether  the  members  of  the  corporation  reside  near 
the  Forest  or  not. 

Partnerships  or  corporations  as  new  applicants. 

Grazing  permits  will  not  be  issued  to  new  firms  or  corporations  when  the 
members  or  stockholders  of  such  firms  or  corporations  hold  permits  to  graze 
numbers  of  stock  which,  combined,  exceed  the  maximum  limit  established  for 
the  Forest.  The  consolidation  of  permits  will  not  be  allowed  when  the  com¬ 
bined  number  of  stock  is  more  than  the  maximum  limit. 


46 


THE  USE  BOOK. 


Married  women  and  minors. 

A  married  woman  whose  husband  holds  a  grazing  permit  will  not  be  recog¬ 
nized  as  a  Class  A  new  applicant  unless  she  is  in  some  way  debarred  from 
sharing  in  the  grazing  privilege  enjoyed  by  her  husband,  owns  and  resides  upon 
an  improved  ranch  separate  and  apart  from  that  of  the  husband,  and  is  entirely 
dependent  upon  her  own  resources  for  a  livelihood  and  the  maintenance  of  her 
home. 

If  the  State  laws  give  a  married  woman  the  right  of  independent  ownership 
of  real  estate  and  live  stock,  or  if  she  has  qualified  as  a  femme  sole  or  sole 
trader,  thereby  acquiring  legal  right  of  ownership  and  legal  responsibility,  and 
she  possesses  the  other  qualifications  which  entitle  her  to  a  grazing  permit,  she 
may  be  recognized  as  a  Class  B  applicant,  and  as  such  her  application  may  be 
approved,  regardless  of  the  fact  that  grazing  privileges  are  held  by  her  husband. 

Where  the  wife  applies  to  graze  stock  she  has  purchased,  again  the  State  law 
on  ownership  will  govern. 

Minors  who  were  not  occupants  of  the  range  at  the  time  of  the  creation  of  the 
Forest  will  not  be  granted  permits,  except  when  they  are  at  the  head  of  a 
family  dependent  upon  them  for  support.  Minors  under  the  control  of  parents 
or  guardians  may  be  granted  permits  if  such  action  will  not  necessitate  reduc¬ 
tion  in  existing  permits  or  the  denial  of  applications  of  other  Class  A  owners. 

Estates. 

Pending  the  division  of  an  estate,  a  full  renewal  of  the  permit  held  by  the 
deceased  will  be  allowed  in  the  name  of  the  estate  and  the  duly  appointed 
administrator. 

Heirs  to  permitted  stock. 

As  a  general  rule  an  heir  or  devisee  will  be  considered  as  in  the  same  class 
with  one  who  has  purchased  stock  grazed  under  permit.  Upon  the  issue  of  a 
court  decree  dividing  the  estate  the  privileges  allowed  the  estate  will  be  granted 
the  beneficiaries  under  the  rule  governing  the  renewal  of  permits  on  account  of 
purchase,  except  that  the  permit  for  that  portion  of  the  stock  allotted  by  the 
court  decree  to  the  widow  or  minor  heirs  will  not  be  subject  to  the  reduction 
made  in  the  renewal  of  permits  to  purchasers. 

Lessees  and  herders. 

A  person  leasing  stock  or  running  it  on  shares  or  herding  it  for  the  permittee 
is  regarded  as  an  employee  only,  and  can  not  be  allowed  any  preference  in  the 
use  of  the  range  by  virtue  of  the  fact  that  he  has  run  the  stock  under  lease  or  on 
shares  or  has  handled  it  for  the  owner.  The  status  of  the  owner  determines  all 
preferences  allowed  in  the  issuance  of  grazing  permits. 

Temporary  use  of  range. 

The  provisions  of  Regulation  G-14  and  the  instructions  issued  thereunder 
apply  primarily  to  National  Forests  which  are  or  soon  will  be  fully  occupied 
by  the  stock  of  permittees  in  Classes  A  and  B.  In  Forests  where  the  supply  of 
forage  is  in  excess  of  the  requirements  of  permittees  in  Classes  A  and  B  tempo¬ 
rary  permits  may  be  issued  to  applicants  who  do  not  possess  any  or  all  of  the 
qualifications  prescribed,  or  to  qualified  permittees  who  are  already  grazing 
numbers  of  stock  representing  their  fair  share  in  the  permanent  use  of  the 
Forest  range. 


PREFERENCE  IN  USE  OF  RANGE. 

REGULATION  G-15.  Citizens  of  the  United  States  will  be  given  preference 
in  the  use  of  the  National  Forests,  but  persons  who  are  not  citizens  may  be 
allowed  grazing  permits  provided  they  are  bona  fide  residents  and  owners  of 
improved  ranch  property  either  within  or  adjacent  to  a  National  Forest. 

Regular  occupants  of  the  range  who  own  and  reside  upon  improved  ranch 
property  in  or  near  National  Forests  will  be  given  first  consideration,  but  will 
be  limited  to  a  number  which  will  not  exclude  regular  occupants  who  reside 
or  whose  stock  are  wintered  at  a  greater  distance  from  the  National  Forests. 
With  this  provision  applicants  for  grazing  permits  will  be  given  preference  in 
the  following  order: 


GRAZING. 


47 


Class  A:  Persons  owning  and  residing  upon  improved  ranch  property  within 
or  near  a  National  Forest  who  are  dependent  upon  the  National  Forest  for 
range  and  who  do  not  own  more  than  the  established  protective  limit  number 
of  stock. 

Class  B:  Regular  users  of  National  Forest  range  who  do  not  own  improved 
ranch  property  within  or  near  a  National  Forest,  and  persons  owning  such 
ranch  property  who  own  numbers  of  stock  in  excess  of  the  established  pro¬ 
tective  limits. 

Class  C:  Persons  who  are  not  regular  users  of  National  Forest  range  and  who 
do  not  own  improved  ranch  property  within  or  near  a  National  Forest.  Class  C 
applicants  will  not  be  granted  permits  upon  Forests  which  are  fully  occupied 
by  permittees  of  Classes  A  and  B. 

Persons  who  have  not  regularly  used  the  range  within  newly  created  Na¬ 
tional  Forests  during  preceding  years  will  not  be  allowed  to  place  stock  upon 
it  for  the  purpose  of  establishing  a  grazing  priority  unless  they  are  bona  fide 
settlers  living  either  within  or  adjacent  to  the  National  Forest,  who  are  entitled 
to  share  in  the  use  of  the  range  as  Class  A  applicants. 

Permittees  of  Classes  B  and  C  will  not  be  allowed  to  increase  the  number  of 
stock  grazed  under  permit  except  by  the  purchase  of  other  permitted  stock 
under  circumstances  which  warrant  a  renewal  of  the  permit  held  by  the  original 
owner.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Grazing  privilege  not  a  legal  right. 

No  one  can  acquire  a  right  to  the  use  of  National  Forest  range,  but  he  may 
acquire  a  preference  in  the  allotment  of  grazing  privileges.  This  preference 
does  not  entitle  him  to  continued  use  of  a  certain  part  of  a  Forest,  but  only 
to  a  preference  over  other  applicants  less  entitled  to  consideration  in  the  use 
of  the  ranges  open  to  the  class  of  stock  which  he  wishes  to  graze.  These  pref¬ 
erences  of  their  very  nature  possess  relative  degrees  of  superiority,  and  conse¬ 
quently  have  a  number  of  gradations. 

New  Forests  and  additions. 

During  the  first  season  after  the  creation  of  a  new  Forest  or  addition  grazing 
privileges  will  be  allotted  on  the  basis  of  prior  use  and  occupancy.  No  permit 
will  be  granted  for  a  number  of  stock  larger  than  the  average  number  grazed  by 
the  applicant  during  the  two  years  preceding  the  establishment  of  the  Forest, 
unless  the  applicant,  as  a  Class  A  settler,  is  reasonably  entitled  to  increase 
toward  the  protective  limit.  After  the  first  season  applicants  for  grazing  per¬ 
mits  will  be  given  preference  in  the  following  order : 

Class  A — Small  near-by  owners. 

A  Class  A  owner  is  one  who  does  not  own  more  than  the  protective  limit 
number  of  stock  established  for  the  Forest,  who  owns  and  resides  upon  an 
improved  ranch  within  or  adjacent  to  the  Forest,  and  who  is  dependent  upon 
the  use  of  the  National  Forest  range  in  connection  with  his  ranch  property. 
Until  the  protective  limit  is  defined  it  is  within  the  discretion  of  the  supervisor 
to  determine  whether  an  applicant  is  a  large  or  small  owner.  A  firm  or  corpora¬ 
tion  can  not  be  considered  as  a  Class  A  applicant,  but  may  be  allowed  exemp¬ 
tion  from  reduction  below  the  protective  limit. 

Class  B — All  other  regular  occupants  of  the  range. 

Class  B  includes  owners  of  improved  ranch  property  and  stock  in  excess  of  the 
protective  limit  and  owners  of  stock  either  above  or  below  the  protective  limit 
who  do  not  own  improved  ranch  property.  Copartnerships,  companies,  and  cor¬ 
porations  may  be  Class  B  owners.  All  permittees  in  this  class  must  secure 
their  permits  on  the  basis  of  prior  use  and  occupancy  or  the  purchase  of  the 
stock  and  ranches  of  persons  holding  permits. 

There  may  be  several  grades  of  Class  B  applicants.  One  who  owns  a  large 
amount  of  improved  ranch  property,  or  one  who  resides  in  the  vicinity  of  the 
Forest,  or  who  has  used  the  range  during  a  long  period  of  years,  or  who  feeds 
his  stock  during  the  winter,  may  be  given  preference  over  one  who  does  not 
own  improved  ranch  property  adjacent  to  the  Forest,  or  who  resides  at  a  dis¬ 
tance  from  the  Forest,  or  who  has  only  used  the  range  a  few  years,  or  who 
winters  his  stock  on  the  range.  Class  B  permittees  are  subject  to  sliding-scale 
reductions,  although  usually  such  reductions  are  not  applied  to  permits  for  less 
than  the  protective  limit. 


48 


THE  USE  BOOK. 


Class  C — Owners  of  transient  stock. 

Class  C  embraces  all  grazing  applications  not  falling  within  Classes  A  and 
B.  A  speculator  who  buys  stock  and  places  it  upon  the  range  at  intervals,  or 
the  nomadic  stockman  with  no  fixed  range  who  trails  his  stock  to  wfidely  sepa¬ 
rated  ranges,  would  be  Class  C  owners.  Class  C  applicants  will  be  entirely 
excluded  from  the  Forest  before  any  reduction  is  made  upon  Class  B  applicants. 

New  settlers  must  qualify. 

New  settlers  upon  unimproved  Government  or  patented  lands  will  not  be 
regarded  as  Class  A  applicants  until  they  have  demonstrated  the  good  faith 
of  their  settlement  by  three  years  of  residence,  improvement,  and  cultivation, 
and  by  compliance  with  the  United  States  land  laws  or  satisfaction  of  contract 
agreements.  They  may,  however,  be  granted  the  same  preference  in  the  use 
of  the  range  that  is  granted  to  bona  fide  Class  A  applicants,  provided  that  the 
grazing  privileges  granted  will  be  temporary  in  character  during  the  three-year 
period  and  will  not  be  in  excess  of  the  settler’s  actual  needs  or  so  large  that 
they  will  appear  to  be  the  principal  object  in  filing  upon  or  purchasing  the  land. 
(See  “Permits  to  new  owners.”) 

Status  determined  by  holdings. 

An  applicant’s  status  is  determined  by  the  total  number  of  all  classes  of 
stock  owned  by  him.  He  can  not  be  a  Class  A  cattle  owner  and  Class  B  sheep 
owner.  If  he  owns  either  class  of  stock  in  excess  of  the  protective  limit  for 
that  class  he  is  a  Class  B  owner,  or  if  he  owns  a  per  cent  of  the  cattle  pro¬ 
tective  limit  and  also  a  per  cent  of  the  sheep  protective  limit  which  combined 
exceed  100  per  cent  he  is  in  Class  B.  For  example,  the  protective  limit  being 
100  head  for  cattle  and  1,200  head  for  sheep,  if  he  owned  50  head  of  cattle  and 
500  head  of  sheep  (92  per  cent)  he  would  be  in  Class  A;  but  if  he  owned  75 
head  of  cattle  and  750  head  of  sheep  (137  per  cent)  he  would  be  in  Class  B. 
An  applicant  owning  sheep  and  cattle  may,  however,  be  in  both  Class  B  and 
Class  C. 

Ownership  of  ranch  property. 

By  ranch  property  is  meant  lands  producing  cultivated  crops  which  are  used 
for  feeding  live  stock.  In  localities  where  the  production  of  feed  is  not  a 
requisite  to  the  stock  business  the  ownership  of  spring  and  fall  range  or  lambing 
grounds  by  a  bona  fide  resident  dependent  upon  the  use  of  the  range  is  given 
nearly  the  same  weight  with  the  ownership  of  cultivated  lands.  The  same  is 
true  of  the  ownership  of  water  rights  which  control  adjoining  National  Forest 
range.  In  renewals  to  purchasers  of  permitted  stock  the  ownership  of  spring 
and  fall  range  or  water  rights  closely  related  to  the  use  of  National  Forest 
range  may  be  given  equal  weight  with  improved  ranch  property.  Property 
of  this  sort  must  be  commensurate  with  the  number  of  stock  and  be  actually 
dependent  for  its  value  upon  National  Forest  range.  To  illustrate,  a  spring 
and  fall  range  and  lambing  ground  sufficient  for  1,000  head  of  sheep  might 
justify  the  approval  of  an  application  for  a  permit  to  graze  1,000  or  less  sheep 
upon  a  National  Forest  during  the  summer  season,  but  not  of  an  application  to 
graze  2,000  head  of  sheep  during  the  summer  season  or  to  lamb  and  graze  1,000 
head  of  sheep  during  the  spring  and  fall  seasons. 

Dependence  upon  range. 

A  person  will  be  considered  dependent  upon  the  use  of  the  National  Forest 
range  when  the  Forest  lands  adjacent  to  his  own  contain  the  only  available 
stock  range  and  the  grazing  of  a  limited  number  of  stock  is  essential  to  his 
success  in  the  development  of  his  land. 

Residence. 

Residence  is  simply  an  index  in  determining  th°  degree  of  dependence.  A 
person  residing  at  a  distance  from  a  National  Poorest  can  not  be  consideied  so 
dependent  upon  Poorest  range  as  one  residing  near  by. 

Transient  owners. 

A  permit  may  be  granted  an  owner  who  is  a  transient  resident  in  the  locality 
only  with  the  understanding  that  it  gives  no  permanent  grazing  preference. 
This  precaution  is  necessary  to  guard  the  interests  of  future  Class  A  applicants. 


GRAZING. 


49 


Retention  of  preferences. 

Grazing  preferences  can  be  retained  only  by  a  continual  use  of  a  range. 
Applicants  who  apply  to  graze  a  reduced  number  of  stock  can  not  expect  range 
to  be  reserved  for  them  for  a  higher  number  later  on.  In  the  case  of  a  volun¬ 
tary  reduction  other  applications  may  be  approved  for  the  number  by  which 
the  first  permit  was  reduced.  The  preference  thus  gained  will  not  be  sur¬ 
rendered  because  the  first  permittee  applies  a  year  or  two  later  to  graze  the 
original  number  of  stock. 

Nonuse  of  range. 

Applications  from  persons  with  established  preferences  will  not  be  disap¬ 
proved  for  nonuse  of  the  range  during  one  year  if  a  statement  giving  satis¬ 
factory  reasons  is  filed  with  the  supervisor  before  the  opening  of  the  grazing 
period. 

Waiver  of  preference. 

Where  the  renewal  of  a  permit  is  allowTed  a  purchaser  of  stock,  a  written 
waiver  of  all  claims  by  the  original  permittee  to  a  renewal  of  the  permit  for 
the  stock  sold  should  be  filed  with  the  supervisor. 

A  person  who  has  signed  a  waiver  of  grazing  privileges  will  not  be  recog¬ 
nized  as  a  new  applicant  until  after  three  years  from  the  date  of  waiver,  but 
may  secure  at  any  time  a  renewal  of  permit  as  a  purchaser  of  permitted  stock. 
(See  instructions  regarding  involuntary  purchase  of  stock,  p.  53.) 

Foreclosure  of  mortgage. 

If  a  mortgage  on  stock  is  foreclosed,  the  permittee  does  not  lose  his  prefer¬ 
ence  in  a  permit  for  the  following  season,  and  unless  he  has  returned  his 
permit  to  the  supervisor  and  consented  to  the  issuance  of  a  permit  to  the  mort¬ 
gagor  as  a  purchaser  for  the  remainder  of  the  grazing  period  he  may  replace 
the  stock.  The  person  foreclosing  the  mortgage  may  be  allowed,  with  the  con¬ 
sent  of  the  permittee,  to  continue  grazing  the  stock  during  the  remainder  of  the 
current  grazing  period  under  the  same  conditions  as  a  purchaser,  but  secures 
no  privileges  of  renewal  unless  the  owner  of  the  stock  signs  a  waiver  of  his 
renewal  preferences. 

The  foreclosure  of  a  mortgage  covering  both  stock  and  ranch  will  not  cause 
a  permittee  to  lose  the  preference  allowed  him  in  use  of  the  range  if  he  replaces 
the  stock  and  secures  another  ranch  equally  dependent  upon  the  range. 

Nonownership  of  stock. 

An  applicant  who  does  not  own  the  stock  for  which  permit  is  desired,  and 
whose  prior  use  of  the  range  entitles  him  to  consideration,  may  secure  a 
grazing  permit  on  his  certification  that  the  stock  will  be  purchased. 

Transfer  of  preference  to  another  Forest. 

A  grazing  preference  can  be  transferred  from  one  Forest  to  another  only 
when  the  first  Forest  is  overstocked  and  the  second  Forest  is  understocked  and 
the  transfer  will  be  generally  beneficial.  In  this  event  a  transfer  may  be 
allowed  if  both  supervisors  approve. 

PROTECTIVE  AND  MAXIMUM  LIMITS. 

REGULATION  G-16.  When  necessary  to  secure  an  equitable  distribution  of 
grazing  privileges  the  district  forester  will  establish  protective  limits  covering 
the  number  of  stock  for  which  the  permits  of  small  Class  A  owners  will  be 
exempt  from  reduction  in  their  renewal.  It  will  be  within  the  discretion  of  the 
district  forester  to  establish  general  protective  limits  applicable  to  the  entire 
Forest  or  special  protective  limits  for  each  grazing  district,  such  limits  to  be 
based  upon  the  character  and  intensity  of  the  demand  for  grazing  privileges 
within  each  district.  Permits  for  numbers  of  stock  in  excess  of  the  protective 
limits  will  be  subject  to  necessary  sliding  scale  or  other  reductions,  and  will  not 
be  subject  to  increase  in  number  except  through  purchase  of  stock  and  ranches 
of  other  permittees.  (See  Reg.  G-18.) 

When  necessary  to  prevent  monopoly  of  the  range  the  district  forester  will 
establish  maximum  limits  to  the  number  of  stock  for  which  a  permit  will  be 
issued  to  any  one  person,  firm,  or  corporation.  The  maximum  limit  may,  in  the 
discretion  of  the  district  forester,  be  made  applicable  to  a  portion  of  a  Forest, 


2268°— 13 - 4 


50 


THE  USE  BOOK. 


to  an  entire  Forest,  or  to  a  group  of  contiguous  Forests.  Permits  for  numbers 
of  stock  in  excess  of  the  maximum  limits  will  be  issued  only  to  persons  who, 
during  the  preceding  year,  held  permits  to  graze  numbers  of  stock  equal  to  or 
greater  than  that  for  which  application  is  made.  The  district  forester  may 
suspend  the  maximum  limit  in  special  cases.  (Issued  April  25,  1913,  to  take 
effect  May  1,  1913.) 

Purpose  of  protective  limits. 

Protective  limits  are  established  to  protect  permittees  from  reductions  in 
the  number  of  stock  which  they  are  allowed  to  graze  under  permit  to  a  point 
where  it  is  too  small  to  be  handled  at  a  profit  or  to  contribute  adequately  to 
the  maintenance  of  a  home.  The  average  number  of  stock  which  a  settler  must 
graze  in  order  to  utilize  the  products  of  his  farm  or  derive  a  reasonable  profit 
will  be  determined  upon  each  Forest  or,  if  necessary,  upon  each  grazing  dis¬ 
trict  thereof,  and  will  serve  as  the  basis  for  the  protective  limit. 

Purpose  of  maximum  limits. 

Maximum  limits  are  established  to  prevent  monopoly  of  the  range  and  to  pre¬ 
serve  a  wide  distribution  of  grazing  privileges.  No  permittee  will  be  allowed  to 
increase  the  number  of  stock  above  this  limit.  Necessary  reductions  in  permits 
for  more  than  the  maximum  limit  will  be  made  in  accordance  with  the  sliding 
scale. 


RENEWAL  OF  PERMITS. 

REGULATION  G-17.  Grazing  permits  will  be  renewed  only  when  the  grazing 
of  the  class  of  stock  involved  is  authorized  by  the  Secretary  of  Agriculture.  A 
permit  may  be  divided  in  its  renewal  because  of  division  of  stock  and  ranches 
between  two  or  more  owners  or  purchasers.  Permits  for  numbers  of  stock 
in  excess  of  the  established  protective  limits  will  be  subject  to  reduction  in  their 
renewal,  and  no  division  or  sale  of  stock  and  ranches  will  exempt  such  permits 
from  reduction.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Change  of  residence. 

A  permittee  with  an  established  preference  may  change  his  residence  to  a 
point  more  remote  from  the  Forest  without  disqualifying  for  a  renewal  of  per¬ 
mit,  provided  he  retains  his  other  interests. 

Sale  of  ranch. 

A  permittee  having  a  range  preference  based  on  ranch  property  located  in 
or  adjacent  to  a  National  Forest  may  dispose  of  such  ranch  property  without 
entirely  disqualifying  himself  for  a  renewal,  but  unless  he  secures  similarly 
located  ranch  property  his  classification  is  changed,  and  the  renewal  of  the 
permit  will  be  on  the  basis  of  the  changed  classification. 

Change  in  class  of  stock. 

A  renewal  of  permit  may  be  allowed  for  a  class  of  stock  different  from  that 
previously  granted.  It  may  require  relinquishment  of  one  range  and  accept¬ 
ance  of  another  on  some  other  part  of  the  Forest.  The  ratio  of  exchange  will 
depend  on  the  demand  and  the  capacity  of  the  ranges  in  question. 

Partnerships. 

A  permittee  having  an  established  preference  may  enter  into  partnership 
agreement  with  another  person  not  a  permittee,  and  secure  a  renewal  of  his 
permit  in  the  name  of  the  partnership,  the  proportionate  interest  transferred 
being  subject  to  the  rules  governing  the  renewal  of  permits  to  purchasers. 

Partnership  ordinarily  means  joint  ownership  of  the  stock  and  ranches,  and 
the  renewal  to  each  member  depends  upon  the  division  of  each  that  is  made. 
Signed  agreements  showing  this  division  may  be  required  by  the  supervisor. 

A  renewal  on  the  division  of  stock  and  ranches  may  give  a  member  prefer¬ 
ence  in  the  range  for  a  certain  number  of  stock,  but  it  does  not  define  his  status 
or  whether  he  is  in  Class  A,  B,  or  C. 

In  the  renewal  of  a  permit  held  by  a  partnership  to  the  individual  members 
the  same  reductions  will  be  made  on  the  total  number  of  stock  grazed  the  pre¬ 
vious  year  as  would  have  been  made  on  the  original  permit,  each  renewed  per- 


GRAZING. 


51 


mit  bearing  its  pro  rata  share  of  such  reduction.  The  stockholders  of  a  corpo¬ 
ration  which  has  dissolved  may  be  allowed  a  renewal  of  permit  under  the  rules 
governing  renewal  of  permits  to  purchasers. 

Renewal  to  estates. 

In  case  of  the  death  of  a  qualified  permittee  a  full  renewal  of  permit  will  be 
granted  in  the  name  of  the  estate  and  the  duly  appointed  administrator  until 
the  estate  is  divided  and  distributed  among  the  heirs  by  court  decree.  Renewal 
of  permit  to  the  heirs  will  be  in  accordance  with  the  instructions  governing  the 
issuance  of  permits  to  purchasers  of  permitted  stock.  For  exception  to  this,  see 
under  “  Heirs  to  permitted  stock,”  p.  46. 

An  estate  that  has  not  been  divided  by  court  decree  will  not  be  considered  as 
belonging  to  the  heirs  or  devisees,  even  though  the  property  may  have  been 
specifically  apportioned  by  will  or  by  agreement  between  the  interested  parties. 

INCREASES  AND  REDUCTIONS  IN  NUMBER  OF  STOCK. 

Increases  above  protective  limit. 

Increases  above  the  protective  limit  will  be  allowed  only  to  purchasers  of 
stock  and  ranches  of  permit  holders,  and  any  such  increase  will  not  exceed  the 
maximum  limit. 

Increases  by  Class  A  permittees. 

Class  A  permittees  owning  a  less  number  of  stock  than  the  protective  limit 
will  be  allowed  to  increase  their  number  gradually,  but  may  be  restricted  in  the 
number  added  each  year.  Old  Class  A  users  may  increase  at  once  to  the  number 
allowed  new  applicants.  Beyond  this  number  increases  will  be  by  fixed  per¬ 
centages  established  by  grades.  On  fully  stocked  Forests  the  total  increase 
allowed  combined  with  the  total  number  allotted  new  settlers  must  not  be  more 
than  3  per  cent  of  the  allotment  except  when  a  surplus  in  excess  of  this  percent¬ 
age  is  created  by  the  reduction  on  permits  renewed  to  purchasers.  The  super¬ 
visor  will  determine  the  division  of  the  allotment  which  will  be  made  betweer 
new  settlers  and  persons  whose  permits  are  below  the  protective  limit. 

Increase  in  long-term  permits. 

Term  applications  for  less  than  the  protective  limit  may  be  amended  to  allow 
the  same  annual  increase  that  is  allowed  annual  applicants  until  the  protective 
limit  is  reached. 

Reductions. 

Where  reductions  are  necessary,  each  grazing  district  will  be  considered  as  a 
unit,  and  the  permittees  occupying  it  will  be  required  to  meet  any  reductions 
necessary  to  prevent  damage  to  the  district  or  to  provide  range  for  new  appli¬ 
cants  entitled  to  graze  within  the  district.  Reductions  will  be  based  upon  the 
number  of  stock  grazed  under  permit  the  previous  year.  When  there  is  unused 
range  on  other  districts  within  the  Forest,  permittees  who  desire  to  transfer  a 
part  or  all  of  their  permitted  stock  to  such  range  will  be  given  a  preference  in 
its  use.  Class  C  owners  will  be  excluded  before  the  other  classes  are  reduced. 
The  reduction  will  be  made  on  the  Class  B  owners.  Class  A  owners  will  be 
exempt  from  reduction. 

Method  of  applying  sliding  scale. 

When  a  sliding-scale  reduction  figure  has  been  worked  out  it  may  be  applied 
in  the  following  manner,  varying  the  percentages  to  suit  the  situation :  All 
applicants  who  do  not  own  improved  ranch  property  or  who  are  nonresident 
ranch  owners  and  winter  their  stock  upon  the  adjoining  open  range,  regular 
users  who  purchase  winter  feed  for  their  stock  from  resident  ranch  owners,  and 
nonresident  ranch  owners  whose  stock  is  wintered  upon  the  products  of  their 
lands  will  be  reduced  75  per  cent  of  the  reduction  figure.  Owners  residing  upon 
their  improved  ranches  and  wintering  their  stock  upon  the  products  of  their 
lands  will  be  reduced  50  per  cent  of  the  reduction  figure. 

Reduction  in  long-term  permits. 

All  applications  for  grazing  during  a  term  of  years,  which  are  approved  for 
more  than  the  protective  limit,  will  be  granted,  subject  to  an  annual  reduction, 
not  exceeding  5  per  cent,  to  provide  for  the  issuance  of  permits  to  new  settlers 
within  or  in  the  immediate  vicinity  of  the  National  Forests,  and  subject  to  any 
additional  reduction  which  may  be  necessary  to  stop  damage  to  the  Forest. 


52 


THE  USE  BOOK. 


At  the  expiration  of  the  term  permit  the  5  per  cent  clause  to  provide  for 
new  owners  ceases  to  be  binding  on  the  Service,  and  the  application  is  subject 
to  any  percentage  of  reduction  before  it  is  renewed  that  is  effective  on  the 
Forest  at  the  time. 

PERMITS  TO  PURCHASERS  OF  PERMITTED  STOCK. 

REGULATION  G-18.  Permits  will  be  granted  only  for  the  exclusive  use  and 
benefit  of  the  owners  of  the  stock  and  will  be  forfeited  if  sold  or  transferred 
in  any  manner  or  for  any  consideration.  If  stock  grazed  under  permit  is  sold 
during  the  term  of  the  permit  the  original  permit  must  be  surrendered  to  the 
supervisor,  who,  upon  receipt  of  evidence  that  the  sale  is  bona  fide,  will  cancel 
the  original  permit  and  will  issue,  free  of  charge,  an  amended  permit  to  the 
original  permittee  for  the  number  of  stock  retained  and  a  permit  to  the  pur¬ 
chaser  for  the  number  of  stock  purchased,  which  will  allow  the  grazing  of  such 
stock  upon  the  National  Forest  during  the  remainder  of  the  permit  period. 
Renewal  of  permit  to  the  purchaser  during  subsequent  years  will  be  subject  to 
the  following  restrictions: 

The  permittee  from  whom  the  stock  is  purchased  must  have  used  the  range 
during  three  or  more  successive  years,  unless  the  initial  permit  was  secured 
through  the  purchase  of  permitted  stock,  in  which  event  a  renewal  of  permit 
to  a  second  purchaser  may  be  allowed  after  the  expiration  of  one  year  from 
the  date  of  the  permit  issued  to  the  first  purchaser.  The  permittee  selling  the 
stock  must  execute  an  agreement  waiving  to  the  United  States  all  claims  to 
preference  in  the  use  of  the  Forest  land  for  the  grazing  of  the  number  of  stock 
transferred.  The  permit  in  its  renewal  will  be  subject  to  the  maximum  limit 
restrictions  and  to  necessary  reductions  applicable  to  other  permits  of  the  same 
class  and  no  division  of  stock  and  ranches  will  exempt  such  permits  from 
reduction. 

Subject  to  the  foregoing  restrictions  a  renewal  of  permit  for  not  to  exceed 
90  per  cent  of  the  stock  purchased  may  be  allowed  the  purchaser  of  stock  grazed 
under  permit  and  the  ranches  used  in  connection  therewith,  and  provided  that 
a  full  renewal  will  be  allowed  if  the  purchaser  is  a  resident  ranch  owner  who 
does  not  own  a  total  of  more  than  the  protective  limit  number  of  stock.  The 
mere  purchase  of  stock  grazed  under  permit  will  not  entitle  the  purchaser  to 
share  in  the  grazing  privilege,  but  if  the  purchaser  is  the  owner  of  improved 
ranch  property  which  is  commensurate  and  used  in  connection  with  the  per¬ 
mitted  stock,  a  renewal  of  permit  may  be  allowed  for  not  to  exceed  80  per  cent 
of  the  stock  purchased.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Sale  of  stock  after  approval  of  application. 

Where  stock  is  sold  after  the  application  for  a  grazing  permit  has  been 
approved  and  prior  to  the  beginning  of  the  grazing  period,  the  application  of 
the  purchaser  may  be  approved  upon  his  merits,  subject  to  the  reductions 
governing  the  issue  of  permits  to  the  purchasers  of  stock. 

Purchaser  must  observe  original  requirements. 

All  conditions,  stipulations,  and  agreements  which  were  binding  upon  the 
original  permittee  will  also  be  binding  upon  the  purchaser  of  permitted  stock, 
and  a  renewal  of  permit  may  be  denied  for  failure  to  observe  all  requirements. 
For  example :  A  permit  issued  upon  condition  that  the  stock  would  be  fed  during 
the  winter  upon  the  products  of  the  permittee’s  ranch  will  not  be  renewed  to  a 
purchaser  of  the  stock  except  upon  the  same  condition,  and  will  be  discon¬ 
tinued  upon  failure  of  the  purchaser  to  observe  the  terms  of  the  stipulation. 

Qualifications  of  purchaser. 

No  renewal  of  permit  will  be  granted  to  a  purchaser  of  permitted  stock  unless 
he  is  qualified,  by  ownership  of  ranch  property  and  in  other  requisite  ways,  to 
share  in  the  use  of  the  Forest  ranges. 

Purchase  of  stock  by  owner  of  improved  ranch. 

A  purchaser  of  permitted  stock  who  owns  ranch  property  commensurate  and 
so  located  that  it  will  be  used  in  connection  with  the  stock,  or  who  acquires 
such  property  from  persons  other  than  the  original  permittee,  may  be  allowed 
a  renewal  of  j>ermit  for  not  to  exceed  SO  per  cent  of  the  number  of  permitted 
stock  purchased,  provided  that  the  maximum  limit  restriction  is  not  exceeded. 


GRAZING. 


53 


Purchase  of  stock  and  ranch. 

If  the  ranch  property  is  used  in  connection  with  the  permitted  stock,  the  pur¬ 
chaser  of  both  the  stock  and  ranch  of  a  permittee  may  be  allowed  a  renewal  of 
permit  for  not  more  than  90  per  cent  of  the  permitted  stock  purchased,  subject 
to  the  maximum  limit  restrictions.  If  the  ranch  property  is  not  fully  commen¬ 
surate  a  proportionate  reduction  should  be  made  in  the  number  of  stock  for 
which  renewal  of  permit  is  allowed. 

A  renewal  of  permit  may  be  allowed  for  the  full  number  of  stock  purchased 
if  the  purchaser  possesses  Class  A  qualifications  and  does  not  own  a  total  of 
more  than  the  protective  limit  number  of  stock. 

Purchase  of  ranch  property  only. 

The  purchase  of  ranch  property  or  improvements  used  in  connection  with 
permitted  stock  does  not  convey  any  right  or  preference  to  a  share  in  the  use 
of  Forest  lands,  and  no  renewal  of  permit  will  be  allowed  solely  on  the  basis 
of  such  a  purchase.  A  purchaser  of  ranch  property  previously  used  in  con¬ 
nection  with  permitted  stock  will  be  considered  only  as  a  new  applicant  or  as 
the  purchaser  of  other  permitted  stock. 

In  cases  where  the  permitted  stock  are  removed  from  the  Forest,  the  pur¬ 
chaser  not  intending  to  continue  in  the  use  of  Forest  lands,  and  where  the 
permittee  has  signed  a  waiver,  the  purchaser  of  the  ranch  property  will  be 
given  a  preference  over  other  new  applicants  to  the  extent  of  being  placed  at 
the  head  of  the  list  and  granted  first  consideration. 

Definition  of  ranch  property. 

Property,  such  as  town  lots,  fruit  land,  or  mineral  land,  which  does  not  bear 
a  direct  relation  to  and  is  not  dependent  upon  the  live  stock  for  its  best  use 
will  not  be  accepted  as  a  basis  for  the  renewal  of  permit  to  the  purchaser  of 
permitted  stock.  The  character  of  the  property  and  the  degree  of  its  use 
in  connection  with  the  stock  must  conform  to  the  general  requirements  and 
practices  of  the  locality. 

Relation  of  ranch  property  to  stock. 

Where  winter  feeding  is  necessary  the  land  must  produce  sufficient  feed  to 
winter  the  permitted  stock  and  must  be  used  for  that  purpose.  Where  winter 
feeding  is  not  required  the  ownership  of  a  headquarters  ranch,  spring,  fall,  or 
winter  range,  lambing  grounds,  or  lands  containing  controlling  sources  of  w^ater 
supply  may  justify  renewal.  In  every  case  the  land  must  be  used  in  connec¬ 
tion  with  the  permitted  stock  and  be  commensurate  with  the  number  of  such 
stock  for  the  purpose  for  which  it  is  used. 

Leased  land  not  acceptable. 

The  applicant  for  renewal  must  hold  title  to  the  lands,  as  leased  lands  do  not 
meet  the  requirements  of  the  regulations. 

Involuntary  purchase  through  foreclosure. 

The  acquisition  of  permitted  stock  through  the  foreclosure  of  a  mortgage  or 
a  forced  sale  conveys  no  privileges  of  renewal  of  permit  unless  the  original 
permittee  signs  an  agreement  waiving  all  further  claim  to  preference  in  the  use 
of  the  range,  nor  does  it  exempt  the  purchaser  from  any  of  the  provisions  of 
the  regulations  governing  the  renewal  of  permits  to  purchasers,  except  tem¬ 
porarily  as  explained  in  the  following  paragraph : 

Temporary  permit  to  involuntary  purchaser. 

A  temporary  permit,  effective  during  one  season  only  and  not  subject  to 
renewal,  may  be  granted  the  purchaser  of  stock  through  a  forced  sale  ( a )  when 
there  is  surplus  range  which  may  be  used  without  undue  interference  with  other 
permittees;  (b)  u7hen  the  original  permittee,  while  retaining  his  grazing  pref¬ 
erence  and  intending  to  place  stock  on  the  range  after  the  expiration  of  one 
year,  does  not  intend  to  replace  the  mortgaged  stock  during  the  season  following 
the  foreclosure. 

Renewal  in  case  of  involuntary  purchase. 

When  the  original  owner  has  signed  a  waiver  the  purchaser  of  stock  obtained 
by  a  forced  sale  may  be  allowed  a  full  renewal  for  the  following  season,  with 
the  understanding  that  at  the  beginning  of  the  second  year  the  reductions  re¬ 
quired  by  the  regulations  will  be  imposed  and  the  rules  in  reference  to  the  issu¬ 
ance  of  permits  to  purchasers  of  permitted  stock  will  be  strictly  enforced. 


54 


THE  USE  BOOK. 


If  the  stock  is  sold  to  a  second  purchaser  during  the  year  in  which  a  full 
renewal  is  allowed  the  regular  reduction  will  be  made  in  the  renewal  of  the 
permit  during  the  following  season. 

PERMITS  TO  NEW  OWNERS. 

REGULATION  G-19.  Grazing  applications,  other  than  for  renewal  of  permit, 
will  not  be  approved  if  the  average  number  of  stock  per  permit  upon  the 
Forest  or  upon  the  grazing  district  where  the  stock  are  to  be  grazed  is  more 
than  20  per  cent  below  the  established  protective  limit  number,  or  if  the  ap¬ 
proval  of  such  applications  requires  a  total  reduction  upon  any  permit  of  the 
preceding  year  of  more  than  10  per  cent  in  the  permit  of  an  owner  of  improved 
ranch  property  commensurate  with  the  permitted  stock,  or  more  than  20  per 
cent  in  the  permit  of  a  person  not  owning  such  property.  If  a  Forest  or  a 
grazing  district  is  fully  stocked  the  total  number  of  stock  to  be  distributed 
among  new  applicants  and  permittees  below  the  protective  limit  during  any  one 
year  must  not  exceed  3  per  cent  of  the  total  number  authorized  for  the  year,  and 
no  new  permit  will  be  issued  for  more  than  one-half  of  the  protective  limit 
number;  or,  if  the  average  number  of  stock  per  permit  is  less  than  the  protec¬ 
tive  limit  established  for  the  Forest  or  the  grazing  district,  no  new  permit  will 
be  issued  for  more  than  one-fourth  of  the  protective  limit  number,  nor  will 
such  permit  be  issued  except  for  stock  which  will  be  fed  during  the  winter 
from  the  products  of  the  permittee’s  ranch. 

Upon  fully  stocked  Forests  or  grazing  districts  applications  other  than  for 
renewal  of  permit  will  not  be  considered  unless  filed  with  the  supervisor  six 
months  before  the  beginning  of  the  grazing  season. 

Persons  who  have  sold  their  stock  grazed  under  permit  and  signed  a  waiver 
to  their  preference  will  not  be  recognized  as  new  applicants  for  a  period  of 
three  years  from  the  date  of  the  waiver,  except  as  purchasers  of  permitted 
stock.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Filed  six  months  in  advance. 

Applications  from  new  settlers  or  beginners  for  grazing  privileges  on 
Forests  or  grazing  districts  which  are  fully  occupied  will  not  be  considered 
unless  filed  with  the  supervisor  at  least  six  months  before  the  beginning  of 
the  yearlong  grazing  season. 

Humber  of  stock  allowed. 

When  the  range  is  fully  occupied  the  total  number  of  stock  allowed  begin¬ 
ners  in  any  one  year  will  not  exceed  3  per  cent  of  the  total  allowance  for  the 
Forest  or  grazing  district. 

Beginners  will  not  be  given  permits  when  to  do  so  would  involve  a  reduction 
in  the  renewal  of  any  permit  issued  for  the  previous  year  which,  when  combined 
with  all  reductions  for  other  purposes,  will  in  any  one  year  be  greater  than  10 
per  cent  of  the  permit  of  an  owner  of  improved  ranch  property  commensurate 
with  the  permitted  stock,  or  20  per  cent  of  the  permit  of  a  person  not  owning 
such  property. 

Class  B  beginners. 

The  applications  of  beginners  who  are  in  Class  B  may  be  approved  for  the 
number  of  stock  allowed  other  beginners  when  there  is  surplus  range,  and  the 
issuance  of  a  permit  will  not  entail  a  reduction  upon  occupants  of  the  range 
or  debar  Class  A  applicants. 

When  not  allowed. 

New  applicants  will  not  be  granted  permits  to  graze  stock  within  any  For¬ 
est  or  part  thereof  where  the  average  number  of  stock  per  permit  is  less  than 
80  per  cent  of  the  protective  limit  number.  Where  this  condition  exists  the  fur¬ 
ther  division  of  grazing  privileges  among  a  larger  number  of  persons  is  a  hard¬ 
ship  upon  persons  already  holding  permits  and  detrimental,  rather  than  bene¬ 
ficial,  in  its  effect  upon  the  local  welfare. 

When  restricted  to  one-fourth  of  protective  limit. 

Upon  Forests  or  parts  thereof  where  the  average  number  of  stock  is  between 
80  and  100  per  cent  of  the  protective  limit  number,  none  but  Class  A  new  ap¬ 
plicants  will  receive  favorable  consideration.  The  number  of  stock  the  new 
applicant  will  be  allowed  to  graze  during  the  first  year  will  be  not  more  than 
one-fourth  of  the  protective  limit  number;  permit  will  be  issued  only  for  stock 


GRAZING. 


55 


that  is  to  be  wintered  upon  the  products  of  the  applicant’s  ranch,  and  will  not 
be  renewed  if  winter  feeding  is  discontinued.  Where  the  average  holding  per 
permit  is  so  low,  the  admittance  of  additional  permittees  is  justified  only  when 
the  new  applicants  absolutely  require  limited  grazing  privileges  in  order  to  dis¬ 
pose  of  the  products  of  their  ranches  which  can  be  marketed  only  by  feeding 
them  to  live  stock. 

When  restricted  to  one-half  of  protective  limit. 

Upon  Forests  or  parts  thereof  which  are  fully  occupied  by  stock  but  where 
the  average  number  per  permit  is  above  the  protective  limit  none  but  Class  A 
applicants  will  receive  favorable  consideration.  The  maximum  number  of 
stock  they  will  be  allowed  to  graze  the  first  year  is  one-half  of  the  protective 
limit  number. 

When  allowed  for  full  protective  limit  number. 

Upon  Forests  or  grazing  districts  that  are  not  fully  stocked,  bona  fide  Class 
A  permittees  may  be  granted  permits  to  graze  the  full  protective  limit  number 
of  stock.  If  there  is  surplus  range  new  applicants  of  Class  B,  i.  e.,  ranch 
owners  grazing  more  than  the  protective  limit  number  of  stock,  may  also  be 
allowed  permits  up  to  the  protective  limit  number,  provided  that  the  issuance 
of  permits  to  them  will  not  entail  a  reduction  upon  other  occupants  of  the 
range  or  debar  Class  A  applicants. 

Temporary  allowances. 

If  after  providing  for  all  qualified  applicants  of  Classes  A  and  B  there  is 
still  surplus  range,  temporary  permits  may  be  granted  to  new  applicants  of 
Class  C. 


GRAZING  PERMITS. 

Issuance. 

Upon  receipt  of  notice  by  the  supervisor  that  the  fees  have  been  paid  a  per¬ 
mit  will  be  issued  and  the  original,  accompanied  by  the  original  letter  of  trans¬ 
mittal,  will  be  sent  to  the  permittee. 

Permits  do  not  cover  private  land. 

The  permits  issued  by  the  Forest  Service  do  not  grant  authority  to  graze 
stock  upon  any  except  National  Forest  lands,  and  the  use  of  private  lands  and 
valid  claims  must  be  with  the  consent  of  the  owner  or  claimant. 

The  Government  is  not  responsible  for  the  intrusion  of  permitted  stock 
upon  private  lands.  Controversies  between  the  owner  of  the  stock  and  the 
owner  of  the  land  must  be  settled  in  the  State  courts  under  the  State  laws. 

Cancellation  or  revocation  of  permit. 

REGULATION  G-20.  Authority  to  cancel  or  revoke  grazing  permits  is  dele¬ 
gated  to  Forest  officers  under  the  following  conditions:  Permits  may  be  can¬ 
celed  by  the  issuing  officer  or  his  successor  or  official  superior  upon  request  or 
with  the  consent  of  the  permittee,  if  such  cancellation  is  not  detrimental  to  the 
best  interests  of  the  Government.  Permits  may  be  revoked  for  breach  of  the 
terms  of  the  grazing  application  or  permit  or  of  the  rules  and  regulations,  pro¬ 
vided  that  the  breach  thereof  is  clearly  established  after  the  permittee  has 
been  afforded  a  reasonable  opportunity  to  show  cause  why  the  permit  should  not 
be  revoked,  and  that  the  revocation  of  permit  is  approved  by  the  district  assist¬ 
ant  to  the  Solicitor,  but  they  may  be  revoked  only  by  an  official  superior  of  the 
issuing  officer  or  in  the  following  general  order:  Forest  rangers’  permits  by  the 
forest  supervisor,  forest  supervisors’  permits  by  the  district  forester,  district 
foresters’  permits  by  the  Forester.  (Issued  April  25,  1913,  to  take  effect  May 
1,  1913.) 

Cancellation  requires  the  consent  of  the  permittee  and  the  surrender  of  the 
permit.  Reference  to  the  district  office  is  not  necessary,  unless  by  some 
unusual  circumstance  the  permit  was  authorized  or  issued  by  the  district 
forester. 

A  permit  may  be  revoked  for  a  violation  of  its  terms  without  the  consent 
of  the  permittee  or  the  surrender  of  the  permit. 

The  permittee  will  be  advised  of  the  reasons  rendering  necessary  the  revoca¬ 
tion  of  a  permit,  and  will  be  allowed  a  reasonable  time  within  which  to  show 
cause  why  the  permit  should  not  be  revoked. 


56 


THE  USE  BOOK. 


BONDS. 

REGULATION  G-21.  Whenever  it  is  necessary  for  the  protection  of  a  Na¬ 
tional  Forest,  or  of  the  interests  dependent  upon  it,  the  supervisor  may  require 
the  owners  of  transient  stock  or  nonresidents  of  the  State  or  Territory  in  which 
the  National  Forest  is  located  or  persons  who  have  persistently  violated  the 
regulations  of  the  Secretary  of  Agriculture  to  give  good  and  sufficient  bond  to 
insure  payment  for  all  damage  sustained  by  the  Government  through  violation 
of  the  regulations  or  the  terms  of  the  permit.  (Issued  April  25,  1913,  to  take 
effect  May  1,  1913.) 

SETTLEMENT  OF  CONTROVERSIES. 

REGULATION  G-22.  Whenever  there  is  a  dispute  between  grazing  applicants 
for  the  same  area  the  supervisor  will  notify  them  to  appear  before  him  at  a 
stated  time  and  place  to  make  a  statement  of  their  claims.  After  all  evidence 
has  been  presented  the  supervisor  will  decide  uTho  shall  be  granted  permits  and 
will  forthwith  notify  each  party  to  the  dispute  of  his  decision  and  his  reasons 
therefor,  which  will  be  final  unless  written  notice  of  appeal  to  the  district 
forester  is  given  within  10  days  thereafter.  Upon  filing  such  notice  20  days 
will  be  allowed  for  preparation  of  the  case  for  presentation  to  the  district 
forester.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Au  appeal  to  the  district  forester  should  be  prepared  in  accordance  with 
the  instructions  governing  the  preparation  of  appeals,  and  should  be  filed  in 
duplicate  with  the  supervisor.  Pending  decision,  the  party  occupying  the 
range  will  be  allowed  to  continue  its  use.  but  must  remove  his  stock  within 
10  days  after  receiving  notice  that  the  district  forester  has  decided  against 
him,  unless  an  appeal  is  taken  to  the  Forester  or  the  Secretary  of  Agriculture. 
In  case  of  such  an  appeal  the  person  in  possession  of  the  range  will  be  allowed 
to  continue  its  use  until  a  final  decision  has  been  rendered. 

ArPEALS. 

REGULATION  G-23.  The  disapproval  of  an  application  for  grazing  privileges, 
the  denial  of  an  increase  or  the  requirement  of  a  reduction  in  the  number  of 
stock  covered  by  a  permit  in  its  renewal,  or  the  disapproval  of  a  request  for  a 
certain  range  allotment  by  the  supervisor  shall  be  considered  final  unless  writ¬ 
ten  request  for  a  reconsideration  of  the  case  is  filed  with  the  supervisor  within 
10  days  from  the  date  of  the  receipt  of  his  decision.  The  decision  of  the  super¬ 
visor,  after  a  reconsideration  of  the  case,  shall  be  considered  final  unless  written 
notice  of  appeal  to  the  district  forester  is  filed  with  the  supervisor  within  10 
days  from  the  receipt  of  his  decision.  The  decision  of  the  district  forester  under 
this  or  the  foregoing  regulation  shall  be  considered  final  unless  written  notice 
of  appeal  to  the  Forester  is  filed  with  the  district  forester  within  10  days  from 
the  receipt  of  his  decision.  Appeal  may  also  be  taken  to  the  Secretary  of  Agri¬ 
culture  from  adverse  decisions  of  the  Forester  and  must  be  presented  to  the 
Secretary  of  Agriculture  within  30  days  from  notice  of  the  decision  of  the 
Forester.  Appeal  under  this  or  the  foregoing  regulation  to  the  district  forester, 
the  Forester,  or  the  Secretary  of  Agriculture  will  avail  only  when  it  is  shown 
by  the  evidence  submitted  that  the  decision  is  not  warranted  by  the  facts  or  is 
contrary  to  the  grazing  regulations  or  the  instructions  covering  the  allotment 
of  grazing  privileges.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Upon  receipt  of  request  for  a  reconsideration  of  a  case,  the  supervisor  will 
furnish  the  applicant  with  a  copy  of  the  grazing  regulations  and  of  the  instruc¬ 
tions  upon  which  he  based  his  decision,  upon  receipt  of  which  the  applicant 
will  prepare  his  formal  statement  in  writing,  verify  it  by  oath,  and  accompany 
it  by  affidavits  of  available  witnesses. 

When  all  the  evidence  in  the  case  has  been  filed  by  the  applicant  with  the 
supervisor,  the  latter  will  examine  the  record  carefully,  and  if  evidence  upon 
material  points  is  lacking  he  will  notify  the  applicant  of  the  omission  and 
advise  him  that  he  will  be  given  10  days  additional  in  which  to  submit  the 
missing  evidence.  Within  10  days  from  the  date  of  the  filing  of  the  completed 
record  the  supervisor  will  prepare  a  formal  decision,  discussing  each  point  of 
the  applicant’s  statement,  and  stating  clearly  the  regulations  and  reasons  upon 
which  his  decision  is  based. 


GRAZING. 


57 


Should  the  decision  be  adverse,  the  applicant  may  file  written  notice  with 
the  supervisor  within  10  days  from  the  receipt  of  the  registered  decision,  re¬ 
questing  a  further  consideration  of  material  new  evidence.  The  applicant  will 
be  advised  by  registered  letter  of  the  action  taken  upon  his  request,  and  if  it 
is  granted,  will  submit  the  additional  evidence  within  the  time  set  by  the 
supervisor.  If  the  request  is  allowed,  the  supervisor  will  prepare  a  final  de¬ 
cision,  which  will  be  transmitted  to  the  appellant  in  a  registered  letter.  If  the 
request  is  refused,  or  if  the  supervisor’s  final  decision  is  adverse,  the  appli 
cant  may  appeal  to  the  district  forester  by  filing  written  notice  with  the  forest 
supervisor  within  10  days  from  the  receipt  of  the  registered  notification.  In  an 
appeal  before  the  district  forester,  the  applicant  and  the  forest  supervisor  may 
each  file  an  argument  reviewing  the  previous  decisions  and  the  evidence  in  the 
case.  New  evidence  will  not  be  admitted  unless  the  applicant’s  request  for  the 
consideration  of  new  evidence  has  been  rejected  by  the  supervisor,  in  which 
event  the  new  evidence  may  be  submitted  to  the  district  forester,  and,  if  mate¬ 
rial,  will  be  considered  by  him. 

Appeals  to  district  forester. 

When  an  appeal  is  taken  to  the  district  forester  the  supervisor  will  forward 
the  complete  record  in  the  case  to  him  for  consideration.  When  this  is  re¬ 
ceived  the  district  forester  will  review  it  and  prepare  a  decision  which  will 
then  be  sent  by  registered  mail  to  the  appellant,  and  a  copy  transmitted  to  the 
supervisor. 

The  supervisor’s  decision  will  not  be  reversed  unless  it  is  shown  to  be  unwar 
ranted  by  the  facts,  the  regulations,  instructions,  or  the  law.  When  there  is  a 
variation  in  the  statements  of  the  supervisor  and  the  appellant,  but  the  pre¬ 
ponderance  of  the  evidence  shows  the  supervisor  to  be  justified  in  his  action, 
he  will  be  sustained. 

Within  10  days  from  the  receipt  of  the  district  forester’s  decision,  an  appeal 
to  the  Forester  may  be  filed  with  the  district  forester. 

Appeals  to  Forester. 

When  a  case  is  appealed  to  the  Forester  the  applicant  may  file  one  additional 
statement  reviewing  the  previous  decisions  and  presenting  the  argument.  The 
district  forester  will  also  file  a  statement.  These  two  statements,  together  with 
all  papers  in  the  case,  will  be  presented  to  the  Forester,  and  upon  them  his 
decision  wTill  be  rendered. 

Appeals  from  adverse  decisions  of  the  Forester  may  be  taken  to  the  Secre¬ 
tary  of  Agriculture.  Any  person  availing  himself  of  this  privilege  must, 
within  30  days  from  the  time  he  receives  notice  of  the  Forester’s  decision,  file 
with  the  Forester  his  petition  for  review  by  the  Secretary  of  Agriculture 
Upon  receipt  of  the  petition  the  Forester  will  submit  all  the  papers  to  the 
Secretary. 

Examination  of  records. 

Copies  of  answers  or  reports  will  be  furnished  the  applicant  in  the  discretion 
of  the  deciding  officer.  The  applicant  or  his  authorized  agent  may  inspect  the 
record  of  the  case  in  the  office  of  the  supervisor,  district  forester,  Forester, 
or  Secretary  of  Agriculture,  but  will  not  be  allowed  to  remove  any  papers. 
Statements  of  witnesses  which  have  been  submitted  can  not  be  regarded  as  con¬ 
fidential  if  they  are  considered  as  testimony.  The  applicant  should  be  given 
full  knowledge  of  the  material  facts  contained  in  such  statements,  and  of  the 
identity  of  the  witness.  Statements  submitted  in  confidence  and  which  must 
be  treated  as  confidential  can  not  be  used  as  the  basis  for  a  decision. 

COUNTING  STOCK. 

REGULATION  G-24.  When  an  owner  who  has  a  permit  is  ready  to  drive  in 
his  stock  he  must  notify  the  nearest  Forest  officer,  by  mail  or  otherwise,  stating 
the  number  to  be  driven  in.  If  called  upon  to  do  so,  he  must  provide  for  hav¬ 
ing  his  stock  counted  before  entering  a  National  Forest,  or  at  any  time  after¬ 
wards  when  the  number  of  stock  appears  to  be  greater  than  the  number  covered 
by  permit.  Whenever  any  stock  is  removed  before  the  expiration  of  the  per¬ 
mit  it  can  be  replaced  by  other  stock  to  fill  out  the  number  covered  by  permit 
if  the  Forest  officer  is  notified  of  such  action  at  once.  (Issued  April  25,  1913, 
to  take  effect  May  1,  1913.) 


58 


THE  USE  BOOK. 


Counting  corrals  will  be  constructed  at  convenient  points  to  facilitate  compli¬ 
ance  with  this  regulation,  and  an  actual  count  will  be  made  wherever  possible 
without  serious  interference  with  the  proper  handling  of  the  stock. 

Where  cattle  or  horses  are  driven  to  Forest  ranges  from  tbe  feed  lots  or 
winter  ranges  a  count  may  be  made  at  points  of  entry  designated  by  the 
Forest  officers. 

Counting  in  the  feed  lots  can  be  done  at  a  time  when  it  will  interfere  little 
with  a  ranger’s  duties.  If  tbe  number  for  which  application  is  submitted  is 
less  than  the  number  in  the  possession  of  the  applicant  at  the  time  the  count 
was  made,  he  may  be  required,  on  entering  the  Forest,  to  show  what  disposition 
has  been  made  of  the  balance.  An  applicant  who  refuses  to  allow  his  stock 
to  be  counted  in  a  feed  lot  may  be  required  to  arrange  for  a  count  before 
entering  the  Forest  or  to  round-up  at  any  time  thereafter. 

DAMAGE  TO  ROADS,  TRAILS,  OR  SPRINGS. 

REGULATION  G-25.  Each  person  or  group  of  persons  granted  grazing  permits" 
must  repair  all  damage  to  roads  or  trails  caused  by  the  presence  of  their  stock 
in  any  portion  of  a  National  Forest,  and  build  any  new  roads  or  trails  found 
necessary  for  the  proper  handling  of  their  stock.  They  must  also  fence  any 
spring  or  seep  which  is  being  damaged  by  the  tramping  of  their  stock,  and,  if 
required  by  the  supervisor,  must  pipe  the  water  into  troughs  for  watering  stock. 
Such  troughs  must  be  open  for  public  use.  (Issued  April  25,  1913,  to  take  effect 
May  1,  1913.) 

BEDDING  SHEEP  AND  GOATS. 

REGULATION  G-26.  Sheep  and  goats  must  not  be  bedded  more  than  six 
nights  in  succession  in  the  same  place,  except  when  bedding  bands  of  ewes 
during  lambing  season;  and  must  not  be  bedded  within  300  yard  of  any  run¬ 
ning  stream  or  living  spring,  except  in  rare  cases  where  this  restriction  is 
clearly  impracticable.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

DISPOSITION  OF  CARCASSES. 

REGULATION  G-27.  The  carcasses  of  all  animals  which  die  on  the  National 
Forest  from  contagious  or  infectious  diseases  must  be  burned  and  the  carcasses 
of  all  animals  which  die  in  the  close  vicinity  of  water  must  be  removed  imme¬ 
diately  and  buried  or  burned.  (Issued  April  25,  1913,  to  take  effect  May 
1,  1913.) 

SALTING  STOCK. 

REGULATION  G-28.  Whenever  the  Forest  officers  require  it,  all  stock  grazed 
under  permit  must  be  salted  regularly  at  such  places  and  in  such  manner  as 
they  may  designate.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Salting  is  required  as  a  means  of  Forest  protection,  and  tbe  regulation  will 
be  enforced  to  as  great  an  extent  as  tbe  interests  of  tbe  Forest  demand. 

A  person  wbo  refuses,  ii]x>n  request,  to  salt  bis  stock  will  be  liable  to  a  reduc¬ 
tion  in  permit  number  during  tbe  following  year.  If  bis  disregard  is  con¬ 
tinued,  and  results  in  damage  to  tbe  range,  be  may  be  denied  further  privi¬ 
leges.  Obviously,  where  natural  licks  occur,  salting  will  be  unnecessary. 

QUARANTINE  AND  LOCAL  LAWS. 

REGULATION  G-29.  All  stock  which  is  grazed  under  permit  in,  or  allowed 
to  cross,  any  National  Forest  will  be  required  to  conform  to  the  quarantine 
regulations  of  the  Secretary  of  Agriculture,  and  all  live-stock  laws  of  the  State 
or  Territory  in  which  the  National  Forest  is  located.  Forest  officers  v/ill  co¬ 
operate  with  State  or  Territorial  officers,  so  far  as  they  can  without  undue  inter¬ 
ference  with  their  regular  Forest  work,  to  enforce  local  laws  for  the  protection 
of  stock,  and  will  promptly  inform  the  State  officials  of  all  violations  dis¬ 
covered.  (Issued  April  25,  1913,  to  take  effect  May  1,  1913.) 

Whenever  the  stock  in  any  locality  is  known  to  be  infected  with  a  contagious 
disease,  or  notice  to  that  effect  has  been  given  the  Forester  or  district  forester 


GRAZING. 


59 


by  the  Bureau  of  Animal  Industry,  the  owners  of  all  stock  to  be  grazed  in 
National  Forests  must,  if  required  to  do  so,  subject  the  stock  to  inspection, 
and,  if  found  necessary,  have  such  stock  dipped  or  otherwise  treated  before  it  is 
allowed  to  enter.  If  at  any  time  during  the  period  for  which  a  grazing  permit 
has  been  issued  the  stock  is  found  to  be  infected  with  a  contagious  disease,  it 
must  be  dipped  or  otherwise  treated  in  accordance  with  the  instructions  of  the 
inspectors  of  the  Bureau  of  Animal  Industry,  or  the  permit  will  be  canceled  and 
the  stock  removed  from  the  National  Forests. 

The  owners  of  all  stock  grazed  under  permit  must  comply  with  the  live-stock 
laws  of  the  State  or  Territory.  Rangers  will  report  at  once  any  violation  of  the 
live-stock  laws,  and  will  assist  the  stock  owners  to  protect  their  property  against 
loss  by  theft. 

STRAY  OR  UNBRANDED  STOCK. 

The  ownership  of  all  stray  or  unbranded  stock  upon  the  National  Forests  will 
be  determined  by  the  laws  of  the  State  or  Territory  in  which  the  Forest  is 
located.  Persons  legally  entitled  to  acquire  title  to  stray  or  unbranded  stock 
may  be  allowed  to  do  so,  but  no  permit  or  agreement  should  be  granted  or 
entered  into  by  any  Forest  officer  which  authorizes  a  charge  to  be  made  for  the 
gathering  of  such  stock  or  its  sale  by  the  person  or  persons  who  have  gathered 
or  captured  it. 

The  owners  of  all  branded  animals  which  are  captured  with  unbranded  stock 
will  be  required  to  make  application  for  permit  and  pay  the  grazing  fees  upon 
them.  Stray  or  unbranded  stock,  if  not  claimed,  will  be  held,  and  the  State  or 
Territorial  authorities  requested  to  take  charge  of  it  or  authorize  the  Forest 
officer  to  dispose  of  it  in  accordance  with  the  State  or  Territorial  law. 

The  construction  of  corrals  or  pastures  for  use  in  capturing  wild  unbranded 
stock  may  be  allowed  under  the  rule§  governing  other  special  uses  of  the 
National  Forest. 


PART  IV. — CLAIMS,  SETTLEMENT,  SPECIAL  USES,  WATER  POWER. 

CLAIMS. 

INITIATION  OF  CLAIMS  ON  NATIONAL  FORESTS. 

Claims  can  be  initiated  upon  lands  within  National  Forests,  or  upon  lands 
withdrawn  for  National  Forest  purposes,  only  under  the  mining  laws,  the  coal- 
land  law’s,  and  the  act  of  June  11,  1906.  But  claims  of  any  description  within  a 
National  Forest  initiated  prior  to  the  withdrawal  of  the  lands,  or  their  inclusion 
therein,  may  be  perfected  and  patents  obtained  by  compliance  with  the  law 
under  which  such  claims  were  initiated. 

SQUATTERS’  CLAIMS. 

Squatters  who  settled  upon  National  Forest  land  before  its  withdrawal  and 
who  have  maintained  residence  thereon,  improvements,  and  cultivation  in  good 
faith  since  settlement,  and  who  are  awTaiting  public  survey  to  make  entry,  have 
the  same  right  to  occupy  and  enjoy  their  holdings  as  homestead  entrymen. 

Such  a  settler  must  make  entry  of  the  land  claimed  within  three  months 
from  the  filing  of  the  towmship  plat  in  the  local  land  office  for  the  district  within 
w  hich  such  land  is  situated.  Failure  to  do.  so  may  forfeit  his  prior  right  of 
entry. 

No  rights  can  be  initiated  in  this  wray  upon  land  which  has  been  withdrawn 
for  or  included  in  a  National  Forest. 

A  posted  notice  of  claim  to  a  tract  of  land  is  not  the  basis  of  title,  and  where 
actual  residence  in  pursuance  of  an  intention  to  remain  is  relied  upon  as  the 
basis,  failure  to  maintain  it  may  result  in  the  forfeiture  of  the  claim.  Squatters 
may,  at  their  option,  await  public  survey  or  apply  for  the  examination  of  their 
lands  that  they  may  be  opened  to  entry  under  the  act  of  June  11,  1906  (34 
Stat.,  233). 

RELINQUISHMENT  OF  CLAIMS. 

REGULATION  L-41.  No  Forest  officer  shall,  except  as  hereinafter  provided, 
request  a  homestead  entryman  to  relinquish  his  claim  or  suggest  for  any  reason 
whatsoever  that  such  a  course  is  desirable.  If  any  homestead  entryman  volun¬ 
tarily  offers  to  relinquish  his  claim,  the  Forest  officer  may  suggest  that  the 
relinquishment  be  transmitted  to  the  local  land  office,  but  shall  not  encourage 
this  to  be  done.  Forest  officers  who  receive  by  mail  relinquishments  from 
claimants  must  return  the  same,  with  the  suggestion  in  every  case  that  if  the 
entryman  desires  to  relinquish  he  should  send  the  relinquishment  to  the  local 
land  office.  No  Forest  officer  shall  be  a  party  to  a  compromise  whereby  any 
claims  or  trespass  case  is  settled  by  requiring  the  claimant  to  relinquish  a 
claim  to  the  United  States. 

When  relinquishments  are  offered  which  cover  lands  needed  for  administra¬ 
tive  purposes,  and  when  it  is  desired  to  pay  the  claimant  for  improvements 
thereon,  a  recommendation,  accompanied  by  the  reasons  in  each  specific  case, 
shall  be  submitted  to  the  Forester,  who  may  authorize  the  purchase  of  the 
improvements  upon  the  filing  of  the  relinquishment  in  the  local  land  office. 
(Issued  December  19,  1911,  to  take  effect  February  1,  1912.) 


EXAMINATIONS  AND  CONTESTS. 

The  administration  of  the  National  Forests  is  a  duty  imposed  upon  the 
Secretary  of  Agriculture  by  law.  In  order  properly  to  discharge  that  duty,  it 
is  necessary  that  he  ascertain  the  status  of  all  lands  within  the  National 
Forests.  The  examination  of  claims  within  National  Forests  by  Forest  officers 
is  made  primarily  in  furtherance  of  this  object.  The  information  thus  obtained 
60 


CLAIMS,  SETTLEMENT,  SPECIAL  USES,  WATER  POWER. 


61 


is,  as  a  matter  of  Government  economy,  placed  at  tlie  disposal  of  tlie  Secretary 
of  the  Interior,  upon  whom  rests  the  responsibility  for  determining  the  title  to 
all  lands  within  the  National  Forests. 

It  is  not  the  purpose  or  intent  of  the  department  to  initiate  contests  against 
claimants  who  have  entered  lands  in  the  National  Forests  in  good  faith  to 
secure  a  home  or  for  other  purposes  recognized  by  law.  It  is  the  purpose  and 
intent  to  protect  the  lands  of  the  United  States  within  the  National  Forests 
from  acquisition  by  those  who  do  not  seek  them  for  purposes  recognized  by  law, 
and  when  it  is  apparent  that  an  entry  or  a  claim  is  not  initiated  in  good  faith 
and  in  compliance  with  the  spirit  of  the  law  under  which  it  is  asserted,  but  is 
believed  from  the  facts  to  be  a  subterfuge  to  acquire  title  to  timber  lands,  or 
to  control  range  privileges,  water,  a  water-power  site,  or  rights  of  way,  or  if  it 
otherwise  actively  and  materially  interferes  with  the  essential  interests  of  the 
National  Forest  in  that  locality  and  is  not  made  or  maintained  in  good  faith, 
a  contest  will  be  recommended,  even  if  the  technical  requirements  of  the  law 
appear  to  have  been  fulfilled. 

DEFINITION  OF  A  VALID  CLAIM. 

A  valid  claim  is  one  initiated  in  good  faith  under  some  act  of  Congress  for 
the  acquisition  of  title  to  public  lands.  It  is  a  fundamental  requisite  that  all 
claims  be  initiated  in  good  faith  for  the  purpose  contemplated  by  the  law  under 
which  they  are  held.  It  is  bad  faith,  for  instance,  to  hold  a  mining  or  agricul¬ 
tural  claim  primarily  for  the  timber  thereon.  Where  the  land  is  held  for  the 
timber,  for  a  hotel  site,  saloon  site,  or  other  foreign  use,  and  there  has  been  no 
compliance  with  the  requirements  of  the  law  under  which  the  claim  was  initi¬ 
ated,  it  is  considered  prejudicial  to  public  interests. 

EXAMINATION  OF  MINERAL  CLAIMS. 

Prospecting  is  not  interfered  with,  and  mineral  locations  will  not  be  examined 
prior  to  application  for  mineral  patent,  except  where  a  report  is  requested  by 
the  Department  of  the  Interior,  or  where  locations  interfere  with  the  adminis¬ 
tration  of  the  National  Forest.  No  adverse  report  will  be  submitted  to  the 
Department  of  the  Interior  which  has  not  been  made  by  a  mineral  examiner. 

FREE  USE  OF  TIMBER  FOR  DEVELOPMENT  OF  MINERAL  CLAIMS. 

The  locator  or  subsequent  owner  of  a  mining  claim  has  a  right  to  the  use 
of  sufficient  timber  from  his  claim  for  development  purposes,  such  as  timber 
for  shafts  and  tunnels.  Timber,  however,  may  not  be  cut  from  one  claim  to 
be  used  on  another  claim,  even  if  it  be  of  the  same  group,  unless  its  use  tends 
to  develop  the  claim  from  which  it  is  cut,  as  well  as  the  one  on  which  it  is 
used,  except  under  free-use  permit. 

Free-use  permits  are  granted  to  bona  fide  miners  and  prospectors  who.  may 
not  reasonably  be  required  to  purchase,  and  who  have  not  on  their  own  claims  a 
sufficient  or  practically  accessible  supply  of  material  for  the  purposes  named  in 
the  law.  (See  Reg.  S-20,  p.  30.) 

A  mining  claimant  has  no  right  whatever  to  cut  or  remove  timber  from  his 
claim  for  sale  or  for  purposes  other  than  the  development  of  the  claim. 

SETTLEMENT. 

NATIONAL  FOREST  HOMESTEAD  ACT. 

REGULATION  L-50.  The  act  of  June  11,  1906,  authorizes  the  Secretary  of 
Agriculture  to  examine  and  ascertain  the  location  and  extent  of  lands  within 
permanent  or  temporary  National  Forests  which  are  chiefly  valuable  for  agricul¬ 
ture,  and  which,  in  his  opinion,  can  be  occupied  for  agricultural  purposes  with¬ 
out  injury  to  the  National  Forests  and  which  are  not  needed  for  public  pur¬ 
poses,  to  the  end  that  they  may  be  listed  with  the  Secretary  of  the  Interior  for 
opening  to  settlement  and  entry  under  the  act  and  homestead  laws.  The  ex¬ 
amination  and  listing  of  such  lands  are  optional  with  the  Secretary  of  Agri¬ 
culture  and  may  be  made  either  independently  or  on  application.  (Issued 
December  10,  1911,  to  take  effect  February  1,  1912.) 

REGULATION  L-51.  Applications  for  the  examination  and  listing  of  lands 
under  the  act  of  June  11,  1906,  must  be  in  writing,  must  be  dated,  and  must  be 
signed  by  the  applicant.  If  the  tract  applied  for  is  covered  by  a  public-land 


62 


THE  USE  BOOK. 


survey,  it  must  be  described  by  reference  to  subdivision,  section,  township, 
and  range  within  which  it  is  located.  If  the  tract  is  not  covered  by  a  public- 
land  survey,  it  must  be  described  by  reference  to  natural  objects,  streams,  or 
improvements  with  sufficient  accuracy  to  identify  it.  Applications  must  be  filed 
with  the  district  forester  of  the  district  in  which  the  tract  applied  for  is 
situated.  An  application  which  is  not  in  the  form  prescribed  above  will  be  re¬ 
turned  to  the  applicant  for  correction.  Priority  of  application  will  be  deter¬ 
mined  by  the  order  in  which  applications  are  filed  with  the  district  forester 
in  the  form  prescribed  herein.  (Issued  December  19,  1911,  to  take  effect 
February  1,  1912.) 

REGULATION  L-52.  The  Secretary  of  Agriculture  will  not  consider  the  quali¬ 
fication  under  the  homestead  laws  of  applicants  for  the  examination  and  list¬ 
ing  of  lands  under  the  act  of  June  11,  1906.  (Issued  December  19,  1911,  to  take 
effect  February  1,  1912.) 

REGULATION  L-53.  The  rejection  by  the  district  forester  of  an  application 
for  the  examination  and  listing  of  lands  under  the  act  of  June  11,  1906,  shall 
be  final  unless  the  applicant  shall  within  30  days  after  receipt  of  the  district 
forester’s  decision,  in  which  will  be  stated  the  grounds  for  such  rejection,  file 
with  the  district  forester  a  petition  for  review  of  such  decision  by  the  Forester. 
The  affirmance  by  the  Forester  of  the  district  forester’s  decision  shall  be  final 
unless  within  60  days  after  notice  of  such  affirmance  the  applicant  shall  file 
with  the  Forester  a  petition  for  review  of  his  decision  by  the  Secretary  of  Agri¬ 
culture.  Every  petition  for  review  provided  for  in  the  regulation  shall  state 
the  grounds  upon  which  it  is  based,  and  shall  be  accompanied  by  a  full,  clear, 
and  succinct  statement  of  all  the  material  facts  in  the  case,  together  with  such 
argument  as  the  petitioner  may  care  to  submit.  (Issued  December  19,  1911,  to 
take  effect  February  1,  1912.) 

The  act  of  June  11,  1906  (  34  Stat.,  233),  known  as  the  National  Forest 
homestead  act,  provides  for  the  acquisition  by  qualified  entrymen  of  agricul¬ 
tural  lands  within  National  Forests.  This  act  is  in  effect  an  extension  of  the 
general  provisions  of  the  homestead  laws  to  agricultural  lands  within  National 
Forests,  with  the  essential  difference  that  the  land  must  be  classified  by  the 
Secretary  of  Agriculture  as  chiefly  valuable  for  agriculture,  and  that  no  com¬ 
mutation  is  allowed. 

CLASSIFICATION  OF  AGRICULTURAL  LANDS. 

The  National  Forests  are  being  classified  as  rapidly  as  possible  to  segregate 
the  lands  chiefly  valuable  for  agriculture,  and  make  them  available  for  home 
seekers.  Wherever  considerable  bodies  of  such  lands  are  found,  they  are  either 
eliminated  from  the  Forest  or  are  listed  with  the  Secretary  of  the  Interior,  to 
be  opened  to  entry  under  the  Forest  homestead  act.  The  bulk  of  the  agricul¬ 
tural  land  in  the  National  Forests  occurs  as  scattered  individual  tracts  along 
streams,  the  bottom  of  ravines  and  swales,  and  on  narrow  benches  and  on  the 
base  of  slopes.  These  scattered  tracts,  which  may  be  used  to  build  up  a  home, 
are  sought  out  and  settlement  encouraged.  Home  seekers  may  apply  for  tracts 
which  may  seem  to  them  to  offer  the  opportunity  for  a  farm.  These  areas 
applied  for  are  given  the  preference  in  the  classification  work,  and  are  exam¬ 
ined  as  expeditiously  as  possible.  If  found  chiefly  valuable  for  agriculture  and 
not  needed  for  public  purposes,  they  are  listed  with  the  Secretary  of  the  Interior 
to  be  opened  to  entry. 

The  use  and  occupancy  of  the  agricultural  lands  in  the  Forests  is  desired 
from  every  standpoint.  Every  added  home  helps  in  the  upbuilding  of  the  coun¬ 
try.  The  Forests  are  to  serve  the  people  in  the  permanent  development  of  homes 
and  industries.  In  addition,  the  settler  is  a  great  help — practically  a  necessity — 
in  the  protection  and  development  of  the  Forest  itself.  Every  strip  of  cleared 
land  is  a  fire  break;  every  ranch  is  a  vantage  point  to  prevent  and  fight  fires; 
every  settler  may  become  a  Forest  protector. 


ADDITIONAL  HOMESTEAD  RIGHTS  TO  CERTAIN  SETTLERS. 

The  act  also  gives  an  additional  homestead  right  of  entry  upon  lands  which 
have  been  listed  as  chiefly  valuable  for  agriculture,  to  settlers  upon  such  lands 
on  January  1,  1906,  who,  prior  to  the  passage  of  the  act,  had  exercised  or  lost 
their  homestead  rights,  but  who  are  otherwise  competent  to  enter  under  the 


CLAIMS,  SETTLEMENT,  SPECIAL  USES,  WATER  POWER. 


63 


homestead  laws.  Such  entrymen  must  comply  with  the  provisions  of  the  home¬ 
stead  law  and  must  in  addition  pay  $2.50  per  acre  for  the  lands  entered. 

squatters’  special  privileges. 

Squatters  who  settled  upon  unsurveyed  land  before  its  withdrawal  for  a 
National  Forest  and  who  have  complied  with  the  general  homestead  law  have 
the  same  right  to  occupy  and  use  their  holdings  as  homestead  entrymen,  and 
may,  at  their  option,  await  survey  or  apply  for  the  examination  of  their  lands 
under  the  act  of  June  11,  1006.  Squatters  who  settled  on  unsurveyed  National 
Forest  land  after  its  withdrawal  but  prior  to  January  1,  1906,  may  apply  for 
the  examination  of  their  lands  under  this  act;  but  application  for  listing  must 
be  made  within  30  days  after  notification  by  the  Forest  Service.  Upon  the  ac¬ 
ceptance  of  their  applications  for  listing,  squatters  who  settled  on  unsurveyed 
National  Forest  land  prior  to  January  1,  1906,  may  occupy  their  tracts  without 
permit  pending  the  opening  of  the  land  to  entry  under  this  act.  Squatters  may, 
under  the  general  homestead  law,  include  in  their  claims  160  acres  after  the 
land  is  surveyed.  Therefore  if  the  land  is  occupied  for  agricultural'purposes  by 
squatters  who  settled  upon  it  prior  to  its  withdrawal,  the  examination  will  be 
made  with  a  view  to  listing  the  entire  tract  settled  upon,  if  not  exceeding  160 
acres,  provided  the  whole  tract  as  a  farm  unit  is  chiefly  valuable  for  agriculture. 

no  settlement  before  opening. 

This  act  does  not  authorize  any  settlements  within  National  Forests,  except 
upon  lands  which  have  been  opened  to  settlement  under  its  provisions. 

opening  lands  to  entry. 

While  the  Secretary  of  Agriculture  may  list  agricultural  lands  of  any  area 
within  National  Forests,  such  lands  will  be  opened  to  entry  by  the  Secretary  of 
the  Interior  in  contiguous  tracts  not  exceeding  160  acres  in  area  and  not  exceed¬ 
ing  1  mile  in  length.  Any  tract  not  exceeding  160  acres  contained  within  a 
square  mile,  the  sides  of  which  extend  in  cardinal  directions,  is  within  the 
meaning  of  the  phrase  “  1  mile  in  length.”  A  list  of  the  lands  opened  to  entry 
is  posted  in  the  local  land  office  and  is  published  for  a  period  of  not  less  than 
four  weeks  in  a  local  newspaper. 

preference  rights  of  settlement  and  entry. 

The  act  provides  that  the  person  upon  whose  application  the  land  is  examined 
and  listed,  if  a  qualified  entryman,  shall  have  the  preference  right  of  entry, 
unless  there  was  a  bona  fide  settler  on  the  land  prior  to  January  1,  1906,  who 
has  not  abandoned  the  same,  in  which  event  the  settler,  if  a  qualified  entryman, 
shall  have  the  preference  right.  To  exercise  this  preference  right,  application 
to  enter  must  be  filed  in  the  local  land  office  within  60  days  after  the  filing  of 
the  list  in  that  office. 


FILING  IN  LOCAL  LAND  OFFICE. 

Persons  having  preference  rights  under  the  act  of  June  11,  1906,  may  file 
their  entries  at  the  local  land  office  at  any  time  within  60  days  after  notice  is 
published  that  the  land  has  been  listed  in  the  local  land  office  and  before  the 
land  is  open  to  entry.  If,  when  the  laud  is  open  to  entry,  the  applicant  having 
a  preference  right  has  failed  to  file  his  entry,  it  will  be  subject  to  entry  by  the 
first  qualified  person  to  make  application  at  the  local  land  office.  Except  as 
expressly  provided  in  the  act,  title  to  the  land  may  then  be  acquired  under  the 
same  conditions  as  are  prescribed  by  the  general  homestead  laws  for  public  land 
outside  the  National  Forests.  (See  also  “  Permits  on  Forest  homesteads,”  p.  69.) 

three-year  residence  sufficient. 

Final  proof  of  an  entry  under  this  act  may  be  made  in  accordance  with  the 
provisions  of  the  three-year  homestead  entry  law. 


64 


THE  USE  BOOK. 


OCCUPANCY  UNDER  SPECIAL  USE  PERMIT  NOT  RESIDENCE. 

The  Secretary  of  the  Interior,  by  letter  of  January  12,  1910,  ruled  that  the 
provision  of  section  1  of  the  act  of  June  11,  1906.  which  allows  settlers  credit 
for  residence  on  lands  covered  by  their  entries,  has  reference  to  settlement 
initiated  prior  to  the  date  of  the  act  only,  and  that  residence  under  permit 
issued  by  the  Forest  Service  prior  to  the  opening  of  the  lands  to  settlement  in 
the  manner  prescribed  by  the  act  is  not  occupancy  of  lands  within  the  meaning 
of  the  homestead  law  and  will  not  be  credited  as  a  part  of  the  residential  period 
required  to  secure  patent. 

APPLICATIONS  FORWARDED  TO  DISTRICT  FORESTER. 

Applications  for  the  examination  and  listing  of  agricultural  land  under  the 
Forest  homestead  act  should  be  addressed  to  and  filed  with  the  district  forester 
(see  location  of  district  headquarters,  p.  16),  and,  when  received  by  forest 
rangers  or  forest  supervisors,  will  be  immediately  referred  to  the  district 
forester.  Forest  supervisors  and  district  rangers  will  furnish  application 
blanks,  Form  253,  to  prospective  applicants  upon  request. 

APPLICANT  TO  ACCOMPANY  EXAMINER. 

Whenever  possible  it  is  best  for  the  applicant  to  see  the  examiner  and  discuss 
with  him  any  facts  which  tend  to  establish  the  value  of  the  land  for  forest  or 
for  agricultural  purposes,  and  accompany  him  during  the  survey  and  exami¬ 
nation.  Since  final  action  can  be  taken  only  by  the  Secretary  of  Agriculture, 
the  examiner  will  not  give  the  applicant  any  information  regarding  his  recom¬ 
mendations.  When  the  application  covers  unsurveyed  land,  and  the  description 
is  somewhat  indefinite,  it  is  particularly  desirable  to  have  the  applicant  present 
when  the  survey  and  examination  are  made,  in  order  that  the  examiner  may  be 
certain  that  he  is  examining  the  land  for  which  the  applicant  intended  to  apply. 
When  the  applicant  is  present  at  the  time  of  examination,  and  learns,  upon  the 
survey  being  made,  that  he  has  not  described  in  his  application  the  land  for 
which  he  intended  to  apply,  he  may  make  an  amended  application,  which  must 
be  addressed  to  and  filed  with  the  district  forester,  and  a  copy  may  be  at  once 
given  to  the  examiner,  who  will  then,  without  waiting  for  further  instructions, 
examine  and  report  upon  the  lands  covered  by  the  amended  application. 

SURVEY  PLAT  AND  NOTICES  ON  UNSURVEYED  LAND. 

The  law  provides  that  any  entryman  desiring  to  obtain  patent  to  any  lands 
described  by  metes  and  bounds,  entered  by  him  under  the  provisions  of  this 
act,  may,  within  three  years  of  the  date  of  making  entry,  file  with  the  re¬ 
quired  proof  of  residence  and  cultivation  a  plat  and  field  notes  of  the  lands 
entered,  made  under  the  direction  of  the  United  States  surveyor  general,  show¬ 
ing  the  boundaries  of  such  lands,  which  shall  be  marked  by  monuments  on  the 
ground.  A  copy  of  the  plat,  together  with  a  notice  of  the  time  and  place  of 
offering  proof,  must  be  posted  in  a  conspicuous  place  on  the  land  itself  during 
the  period  prescribed  by  the  law  for  the  publication  of  the  entryman’s  notice 
of  intention  to  offer  proof,  and  another  copy  posted  in  the  local  land  office 
for  a  like  period.  Proof  showing  compliance  with  the  provisions  of  the  act 
of  June  6,  1912  (37  Stat.,  123),  may  be  submitted  after  the  expiration  of  three 
years  from  the  date  of  establishing  permanent  residence. 

SURVEY  WITHOUT  EXPENSE  TO  ENTRYMAN. 

Under  a  cooperative  plan  effected  between  the  Department  of  the  Interior 
and  the  Department  of  Agriculture,  the  original  listing  survey  may  be  made  by 
a  Forest  officer  designated  by  the  surveyor  general.  Surveys  made  under  this 
agreement,  when  approved,  will  be  accepted  as  the  final  survey  for  the  issuance 
of  patent.  Designated  Forest  officers  may  also  make  surveys  for  patent  at  the 
lime  when  proof  is  to  be  offered.  Such  surveys  are  made  without  charge  to  the 
applicant.  Application  for  survey  should  be  made  by  letter  to  the  supervisor 
of  the  Forest  in  which  the  homestead  is  located  or  to  the  district  forester  of 
the  district. 


CLAIMS,  SETTLEMENT,  SPECIAL  USES,  WATER  POWER. 


65 


FREE  USE  OF  LANDS  RECOMMENDED  FOR  LISTING. 

Applicants  who  appear  to  have  the  preference  right  of  entry  under  the  act 
may  secure  without  charge  a  permit  for  the  agricultural  use  of  that  portion  of 
the  land  which  has  been  examined  and  which,  in  the  opinion  of  the  supervisor, 
is  chiefly  valuable  for  agriculture  and  not  needed  for  public  use,  provided  that 
the  land  is  not  adversely  claimed  under  settlement  made  before  its  withdrawal, 
or  after  its  withdrawal  and  before  January  1,  1906. 

Free  permits  for  the  occupancy  and  use  of  agricultural  land  which  is  recom¬ 
mended  for  listing  will  be  issued  only  under  the  following  conditions : 

(1)  When  the  applicant  wishes  to  occupy  the  land  which  has  been  examined 
and  favorably  reported  upon,  pending  its  listing  and  opening  to  entry  under  the 
act  of  June  11,  1906. 

(2)  When  the  applicant  is  doubtful  of  the  agricultural  possibilities  of  the 
land  and  desires  an  opportunity  to  ascertain  whether  crops  can  be  raised  on  it 
before  using  his  homestead  right. 

When  a  strip  of  land  for  a  road  right  of  way  has  been  excluded  from  an 
area  recommended  for  listing,  the  applicant  upon  whose  application  land  has 
been  examined,  or  the  entryman  on  the  area  listed,  may  be  issued  a  free  agri¬ 
cultural  permit  for  the  use  of  the  excluded  strip,  so  long  as  it  is  not  needed  for 
road  purposes. 

Free  special  use  permits  for  the  occupation  of  agricultural  land  are  termi¬ 
nated  when  the  land  is  listed. 

REVIEW  OR  REEXAMINATION. 

The  determination  of  whether  land  applied  for  under  the  act  of  June  11, 
1906,  is  chiefly  valuable  for  agriculture  is  entirely  a  question  of  fact  and  raises 
no  question  of  law  which  can  be  made  the  basis  for  an  appeal.  When  an  appli¬ 
cant  believes  that  a  rejection  of  his  application  by  the  district  forester  is  not 
justified  by  the  facts  he  may  file  with  the  district  forester  within  30  days  after 
notice  to  him  of  the  decision  and  the  grounds  therefor  a  petition  for  a  review 
of  the  facts  and,  if  necessary,  for  a  reexamination  of  the  land  applied  for. 
If  the  district  forester  adheres  to  his  decision  the  applicant  may  file  with  the 
district  forester  within  30  days  after  notice  of  the  second  rejection  of  the 
application  a  petition  to  the  Forester  for  a  review  of  the  decision  and,  if 
necessary,  for  a  reexamination  of  the  land  applied  for.  If  the  Forester  affirms 
the  decision  of  the  district  forester  the  applicant  may  within  60  days  after 
notice  of  the  decision  of  the  Forester  and  the  reasons  therefor  file  with  the 
Forester  a  petition  to  the  Secretary  of  Agriculture  for  a  review  of  the  case. 
All  applications  for  review  should  be  accompanied  by  affidavit  of  the  applicant 
or  of  other  competent  witnesses  fully  stating  the  facts  on  which  the  applicant 
bases  his  contention  that  the  land  applied  for  is  chiefly  valuable  for  agricul¬ 
ture.  The  decision  of  the  Secretary  of  Agriculture  will  be  final. 

INDIAN  ALLOTMENTS. 

REGULATION  L-54.  All  applications  by  Indians  for  allotments  of  lands 
within  the  National  Forests  under  section  31  of  the  act  of  June  25,  1910  (36 
Stat.,  853),  which  are  submitted  to  the  Secretary  of  Agriculture  in  order  that 
he  may  determine  whether  the  land  applied  for  is  more  valuable  for  agriculture 
or  grazing  than  for  the  timber  found  thereon  must  be  made  in  the  form  pre¬ 
scribed  by  the  regulations  of  the  Secretary  of  the  Interior  governing  Indian 
allotments  on  National  Forests.  (Issued  April  25,  1913,  to  take  effect  May 
1,  1913.) 

TOWN  SITES. 

Lands  in  National  Forests  embraced  in  valid  settlements,  made  before  the 
withdrawal  of  the  land  from  entry  and  the  creation  of  the  Forest,  may,  unless 
abandoned,  be  entered  and  patented  under  the  town-site  laws  without  regard  to 
the  period  which  has  elapsed  after  their  settlement  or  after  the  establishment 
of  the  Forest  and  without  the  necessity  of  eliminating  the  town-site  area  from 
the  National  Forest. 

2268°— 13 - 5 


66 


THE  USE  BOOK. 


When  it  is  desired  to  establish  a  new  town  on  lands  within  a  National 
Forest  under  the  town-site  laws  a  petition  should  be  addressed  to  the  district 
forester.  An  investigation  will  be  made  under  his  direction  to  ascertain 
whether  it  is  necessary  to  use  the  lands  for  town-site  purposes.  An  approved 
area  will  be  excluded  from  the  National  Forest  by  Executive  order  to  enable 
the  applicants  to  proceed  under  the  town-site  laws  and  the  regulations  of  the 
Department  of  the  Interior. 


SPECIAL  USES. 

REGULATIONS. 

REGULATION  L-31.  All  uses  of  National  Forest  lands  and  resources,  except 
those  specifically  provided  for  in  regulations  governing  water  power,  timber 
sales,  timber  settlement,  the  free  use  of  timber,  and  grazing,  will  be  designated 
“  special  use.”  Permits  for  special  uses,  except  for  the  excavation  of  antiquities 
under  the  act  of  June  8,  1906,  and  except  for  the  lease  of  lands  under  the  act  of 
February  28,  1899,  may  be  granted,  extended,  and  renewed  by  the  Forester,  the 
district  forester,  or  the  forest  supervisor,  with  such  conditions  as  to  area,  time, 
charges,  and  other  requirements  as  may  be  provided  for  by  these  regulations  or 
as  may  be  deemed  necessary  to  protect  the  National  Forests.  Permits  for  the 
excavation  of  antiquities  and  for  the  lease  of  lands  under  the  act  of  February 
28,  1899,  will  be  granted  and  revoked  only  by  the  Secretary  of  Agriculture. 
Permits  for  sale  of  wild  hay  may  be  granted  by  Forest  officers  designated  by  the 
forest  supervisor.  Special-use  permits,  except  for  the  excavation  of  antiquities, 
and  except  for  the  lease  of  lands  under  the  act  of  February  28,  1899,  may  be 
revoked  by  the  Forester  or  the  district  forester  and  not  by  the  supervisor. 
Applications  for  permits  for  special  uses  shall  be  made  to  the  supervisor  of  the 
Forest  within  which  the  lands  or  resources  are  situated.  Appeal  will  lie  in  the 
first  instance  to  the  district  forester,  from  his  decision  to  the  Forester,  and 
from  his  decision  to  the  Secretary  of  Agriculture  in  all  matters  covered  by 
these  special-use  regulations.  (Issued  March  18,  1911,  to  take  effect  May  1, 

1911. ) 

REGULATION  L-32.  No  charge  will  be  made  for  the  following  classes  of 
special-use  permits: 

(a)  Excavation  of  antiquities  under  the  act  of  June  8,  1906. 

(b)  Agricultural  use  by  applicants  having  preference  rights  under  the  act  of 
June  11,  1906. 

(c)  Schools,  churches,  and  cemeteries. 

(d)  Cabins  for  use  of  miners,  prospectors,  trappers,  and  stockmen  in  connec¬ 
tion  with  grazing  permits,  provided  that  stockmen’s  cabins  used  during  the 
entire  year  as  headquarter  ranches  will  be  classified  as  residences  and  charged 
for  accordingly. 

(e)  Corrals,  stock  tanks,  and  drift  fences  in  connection  with  grazing  permits. 

(f)  Dipping  vats  where  no  toll  is  charged. 

(g)  Inclosures  allowed  under  Regulation  L-37. 

(h)  Sawmills  sawing  principally  timber  obtained  from  the  National  Forests. 

(i)  Conduits  and  reservoirs  for  irrigation  or  mining^  or  municipal  water 
supplies. 

(j)  Roads  and  trails  (which  must  be  free  public  highways). 

(k)  Logging  railroads  and  tramways  hauling  timber  obtained  principally 
from  the  National  Forests. 

(l)  Telephone  lines  with  free  use  and  free  connection  by  Forest  Service. 

(m)  Telegraph  lines  with  free  use  of  poles  for  stringing  Forest  Service  tele¬ 
phone  lines. 

(n)  Stone,  earth,  and  gravel  used  for  projects  constructed  under  permit. 

(p)  Small  advertising  signs  which  also  serve  as  guideposts. 

(Issued  March  18,  1911,  to  take  effect  May  1,  1911;  as  amended  October  21, 

1912. ) 

REGULATION  L-33.  The  occupancy  and  use  of  National  Forest  land  or  re¬ 
sources  under  a  special-use  permit,  except  as  provided  in  Regulation  L-32,  shall 
be  conditioned  upon  the  payment  of  a  charge,  which,  unless  otherwise  authorized 
by  the  Secretary  of  Agriculture,  shall  be  based  upon  the  following  rates; 


CLAIMS,  SETTLEMENT,  SPECIAL  USES,  WATER  POWER. 


67 


Kinds. 

Rates  per  annum. 

Explanation. 

$0. 25  to  $1  per  acre;  not  under  $2  for 
any  permit  . 

Minimum,  $5;  10  cents  per  hive  for 
each  hive  over  50;  hives  to  be 
counted  in  March  each  year. 

$3  to  $5 . 

Not  over  160  acres  to  any  one  permit¬ 
tee.  (Free  to  preferred  applicants 
under  act  of  June  11, 1906.) 

1  to  3  acres. 

Apiaries . 

Cabins . 

1  acre  or  less.  (Free  to  trappers, 
miners,  and  prospectors,  and  to 
stockmen  in  connection  with  graz¬ 
ing  permits.) 

2  acres  or  less. 

$10  to  $20 . 

Gravel . ! . . . 

$0.02  per  cubic  yard;  not  under  $2 
for  any  permit;  special  rates  on 
area  basis. 

$0.20  to  $0.50  per  acre;  not  under  $2 
for  any  permit. 

$10  to  $50 . 

Free  for  projects  constructed  under 
permit.  * 

Hay  cutting . 

Hotels  and  road  houses . 

1  to  3  acres. 

Limekilns . 

$10 . 

1  acre. 

Pastures . 

Railroads . 

$0.04  to  $0.25  per  acre;  not  under  $2 
for  any  permit. 

$5  per  mile . 

Not  over  320  acres  to  any  one  permit* 
tee.  (Charge  is  in  addition  to  regu¬ 
lar  grazing  fee.) 

No  charge  for  logging  railroads  haul¬ 
ing  timber  obtained  principally 
from  the  National  Forests. 

1  to  3  acres. 

Residences . 

$5  to  $25 . 

Resorts . 

$10  to  $50 . 

1  to  3  acres. 

Sawmills,  under  20,000  feet 
per  day,  sawing  princi¬ 
pally  private  timber. 

Sawmills,  over  20,000  feet 
per  day,  sawing  princi¬ 
pally  private  timber. 

Slaughterhouses  . 

$10 . 

1  to  10  acres.  (No  charge  for  mills 
sawing  principally  Government 
timber.) 

Special  rates . 

$10  to  $20 . 

1  to  3  acres. 

Stage  stations . 

$5  to  $15 . 

2  acres  or  less  (without  hotel  features). 
2  acres  or  less. 

Stores 

$5  to  $50 . 

Tramways  (aerial) 

$10  to  $50 . 

Nj  charge  for  tramways  conveying 
timber  obtained  principally  from 
the  National  Forests. 

Within  the  maximum  and  minimum  rates  established  herein  the  forest  su¬ 
pervisor  will  determine  the  rate  to  be  charged  in  each  case. 

Rates  for  special  uses  not  herein  provided  for  shall  be  determined  by  the  dis¬ 
trict  forester  in  each  case,  and  such  rates  shall  be  consistent  with  the  rates 
herein  established  for  similar  special  uses. 

Compensation  for  the  use  of  lands  under  the  act  of  February  28,  1899,  for 
hotels  and  dwellings  adjacent  to  mineral  and  medicinal  springs  shall  be  deter¬ 
mined  by  the  Secretary  of  Agriculture. 

In  case  of  abandonment  and  issuance  of  new  permit  any  payments  made  upon 
the  original  permit  may  apply  on  the  new  permit,  in  the  discretion  of  the  dis¬ 
trict  forester.  (Issued  March  18,  1911,  to  take  effect  May  1,  1911;  as  amended 
February  18,  1913.) 

REGULATION  L-34.  In  serious  emergencies  for  the  protection  of  life  or  prop¬ 
erty  National  Forest  material  may  be  taken  without  previous  permit,  provided 
a  permit  for  the  material  so  used  and  for  the  special  use  involved  is  subse¬ 
quently  secured  at  the  earliest  opportunity.  (Issued  March  18,  1911,  to  take 
effect  May  1.  1911.) 

REGULATION  L-35.  The  forest  supervisor  may,  in  his  discretion,  issue  per¬ 
mits  to  any  road  district,  county,  person,  or  corporation  for  the  free  use  of  tim¬ 
ber,  stone,  and  other  National  Forest  products  for  the  construction  and  main¬ 
tenance  of  roads  or  trails  within  National  Forests,  without  prejudice  to  any 
free-use  application  they  may  make  in  the  same  year  for  material  for  other 
purposes,  when  such  roads  or  trails  are  of  sufficient  public  benefit  to  justify  the 
free  use.  When  the  public  benefit  does  not  justify  such  free  use  the  permittee 
must  pay  for  all  merchantable  timber  cut  or  destroyed  upon  the  lands  occupied 
under  permit,  under  timber-settlement  regulations,  or  if  timber  outside  such 
lands  is  required,  under  timber-sale  regulations.  (Issued  March  18.  1911,  to 
take  effect  May  1,  1911.) 

REGULATION  L-36.  Wagon  roads  over  National  Forest  lands  may  be  con¬ 
structed,  changed,  widened,  or  repaired  without  permit  by  States  or  counties. 
With  this  exception,  permits  are  necessary  for  the  construction  of  all  wagon 
roads  over  such  lands.  Trails  may  be  constructed  without  formal  permit  if 


68 


THE  USE  BOOK. 


done  with  the  consent  and  under  the  supervision  of  a  Forest  officer,  except  that 
in  the  National  Forests  of  Alaska  such  consent  and  supervision  will  not  be  re¬ 
quired.  No  toll  shall  be  charged  for  the  use  of  roads  or  trails  over  such  lands, 
constructed  under  the  authority  of  the  Secretary  of  Agriculture,  and  the  same 
shall  be  open  to  free  public  use  at  all  times.  (Issued  March  18,  1911,  to  take 
effect  May  1.  1911.) 

REGULATION  L-37.  Persons  who  own  or  have  leased  from  the  owners  un¬ 
fenced  lands  adjoining  National  Forest  lands  may,  upon  waiving  their  right 
to  the  exclusive  use  of  such  private  land  and  allowing  it  to  remain  open  to 
other  stock  grazed  on  National  Forest  lands  under  permit,  be  permitted  without 
charge  to  inclose  and  use  not  to  exceed  320  acres  of  National  Forest  land,  when 
such  an  arrangement  will  be  advantageous  to  the  administration  of  the  Na¬ 
tional  Forest. 

The  application  must  be  accompanied  by  a  personal  certificate  of  title  show¬ 
ing  the  description  and  ownership  of  the  land,  and  if  leased  from  an  owner,  a 
copy  of  the  lease,  and  must  describe  the  National  Forest  land  it  is  desired  to 
occupy.  Permits  will  be  subject  to  the  same  restrictions  as  those  issued  under 
other  regulations.  (Issued  March  18,  1911,  to  take  effect  May  1,  1911.) 

HOW  TO  APPLY  FOR  SPECIAL-USE  PERMIT. 

An  application  for  a  special-use  permit  need  not  be  in  any  prescribed  form, 
but  may  be  made  orally  or  by  letter  to  the  supervisor  of  the  Forest  or  the 
ranger  of  the  district  concerned. 

The  Forest  officer  will  need  to  know : 

(1)  The  kind  of  use  for  which  a  permit  is  desired. 

(2)  The  approximate  location  which  the  applicant  desires  to  occupy.  This 
may  be  expressed  by  forty,  section,  township,  and  range,  or  by  description  with 
reference  to  a  road,  trail,  stream,  or  well-known  landmark.  A  right  of  way 
may  be  described  by  giving  the  location  of  the  terminal  points,  the  direction 
in  which  it  extends,  and,  if  possible,  the  subdivisions  of  survey  to  be  crossed 
by  it. 

(3)  The  date  when  the  applicant  desires  to  begin  occupation  or  construction. 

If  the  use  is  one  for  which  a  charge  is  made,  the  applicant  will  receive,  with 

the  permit,  a  form  letter  of  transmittal  showing  the  amount  of  money  due. 
This  letter  should  be  forwarded  promptly,  with  a  money  order  or  draft  for 
the  sum  stated,  to  the  United  States  depository  named  in  the  form. 

BONDS. 

As  a  general  rule,  bonds  will  not  be  required  in  connection  with  special-use 
permits. 

Because  of  the  danger  from  fire  or  from  stream  pollution,  an  exception  to 
this  rule  is  made  in  the  case  of  steam  sawmills,  and  bonds  will  be  required  as 
follows : 


Little  danger  - : -  $300 

Considerable  danger  — 1 -  500 

Great  danger - 1,  000 


TENURE  OF  PERMITS. 

There  is  no  law  authorizing  the  lease  of  National  Forest  lands  for  a  term 
of  years,  except  the  act  of  February  28,  1899  (30  Stat.,  908),  providing  for  the 
lease  of  lands  adjoining  mineral  springs,  but  permits  to  occupy  National  Forest 
lands  for  any  purpose  not  inconsistent  with  their  administration  may  be  issued 
for  an  indefinite  period,  and  will  ordinarily  remain  in  force  until  abandoned 
or  canceled.  All  special-use  permits  issued  by  supervisors  are  terminable  at- 
any  time  in  the  discretion  of  the  district  forester. 

ANCIENT  RUINS  AND  RELICS. 

Appropriating,  excavating,  injuring,  or  destroying  any  historic  or  prehistoric 
ruin  or  monument  or  any  object  of  antiquity  without  permit  is  prohibited  by 
specific  act  of  Congress. 


CLAIMS,  SETTLEMENT,  SPECIAL  USES,  WATER  POWER.  69 

Special-use  permits  for  the  purpose  of  examining  ruins,  excavating*  archaeo¬ 
logical  sites,  or  gathering  objects  of  antiquity  on  National  Forest  lands  may  be 
obtained  without  charge,  but  are  subject  to  special  rules  and  regulations.  (See 
National  monuments,  p.  80.) 

HOTELS*  AND  DWELLINGS  ADJACENT  TO  MINERAL  SPRINGS. 

Areas  adjacent  to  mineral  or  medicinal  springs  suitable  for  the  erection 
thereon  of  sanitariums,  hotels,  or  temporary  dwelling  houses  may  be  leased, 
under  the  act  of  February  28,  1899  (80  Stat.,  908),  for  such  periods  and  upon 
such  terms  as  to  duration  and  compensation  as  may  be  approved  by  the  Secre¬ 
tary  of  Agriculture. 


SPECIAL  USE  ON  ADMINISTRATIVE  SITES. 

National  Forest  lands  selected  for  administrative  purposes  may  be  used, 
under  special-use  permits,  as  any  other  National  Forest  lands,  as  long  as  the 
special  use  does  not  prevent  or  interfere  with  the  administrative  use.  Pros¬ 
pecting  which  does  not  interfere  with  administrative  use  is  allowed  without 
formal  permit. 


TELEPHONE  AND  TELEGRAPH  LINES. 

Special-use  permits  are  necessary  for  the  construction  and  operation  of  all 
telegraph  and  telephone  lines  on  National  Forests,  even  though  they  may  be 
built  along  county  roads.  An  easement  may  be  obtained,  or  not,  as  desired. 
(See  Easements,  p.  70.) 

SPECIAL  USES  ON  CLAIMS. 

The  owner  of  an  unperfected  claim  will  be  required  to  obtain  a  permit  for 
any  use  of  the  land  which  is  not  in  furtherance  of  the  purposes  for  which  the 
land  was  appropriated.  Such  a  case  would  be  the  erection  of  a  summer  resort 
on  a  mining  claim.  No  permit  will  be  granted  another  person  to  occupy  any 
part  of  any  unabandoned  claim  until  the  consent  of  the  claimant  to  such  use 
is  obtained.  In  both  cases  the  permit  will  be  conditioned  on  the  payment  of 
the  charges  fixed  by  Regulation  Lr-33  (p.  66). 

PERMITS  ON  FOREST  HOMESTEADS. 

All  persons  who  settled  on  agricultural  lands  in  National  Forests  before 
January  1,  1906,  and  have  not  abandoned  their  claims,  may,  if  qualified,  perfect 
title  under  the  Forest  homestead  act,  and  in  the  meantime  may  occupy  and 
enjoy  their  holdings  without  permit.  Other  applicants  under  the  act,  who  ap¬ 
pear  to  have  the  preference  right  of  entry  under  that  act,  may  be  issued  per¬ 
mits  without  charge  for  the  agricultural  use  of  so  much  of  the  land  applied 
for  as,  in  the  opinion  of  the  supervisor,  is  chiefly  valuable  for  agriculture,  pro¬ 
vided  that  the  land  is  not  adversely  claimed  under  settlement  made  before  its 
withdrawal,  or  after  its  withdrawal  and  before  January  1,  1906. 

DRIFT  FENCES. 

Drift  or  division  fences  may  be  allowed  under  permit  when  they  will  facili¬ 
tate  National  Forest  administration,  and  will  not  interfere  with  the  full  use  of 
the  range  by  all  who  are  equitably  entitled  to  it. 

Free  use  of  materials. 

Whenever  drift  fences  are  needed  for  the  better  control  of  stock  grazed  under 
permit,  all  forest  material  needed  for  use  in  their  construction  may  be  fur¬ 
nished  from  the  National  Forest  free  of  charge,  and  in  cases  where  the  cir¬ 
cumstances  justify  it  th6  necessary  wire  and  staples  may  also  be  furnished, 
if  the  stockmen  using  the  range  are  willing  to  construct  such  fences  with  the 
understanding  that  they  will  become  the  property  of  the  United  States. 


70 


THE  USE  BOOK. 


CORRALS. 

Permits  for  corrals  covering  an  area  of  not  more  than  1  acre  may  be  issued 
without  charge  when  necessary  for  the  proper  handling  of  permitted  stock. 

PASTURES. 

The  construction  of  inclosures  may  be  allowed  when  necessary  for  the  proper 
handling  of  permitted  stock.  Only  such  area,  not  to  exceed  320  acres,  shall  be 
allowed  as  is  necessary  in  each  individual  case.  Pasture  permits  allow  ex¬ 
clusive  possession  during  the  entire  year,  but  do  not  convey  the  right  to  graze 
stock  within  the  inclosure,  except  in  connection  with  and  during  the  period 
covered  by  the  grazing  permit.  Stock  exempt  from  fee  may  be  allowed  to 
graze  within  a  pasture  during  the  yearlong  period. 

Inclosures  will  be  allowed : 

(a)  To  pasture  saddle  horses,  milch  or  work  animals,  graded  or  pure-bred 
stock,  and  bulls  or  rams. 

(&)  To  pasture  beef  or  stock  cattle  which  are  being  gathered  and  held  just 
previous  to  their  removal  from  the  Forest,  and  to  pasture  calves  which  are  be¬ 
ing  weaned. 

(c)  To  give  settlers  who  live  upon  lands  either  within  or  on  the  border  of 
a  National  Forest  the  exclusive  use  of  adjoining  pasture  lands  during  the  por¬ 
tion  of  the  year  when  needed  for  protection  against  other  stock. 

( d )  Without  charge  in  exchange  for  a  waiver  of  exclusive  use  of  private 
lands  adjoining  National  Forest  lands  when  such  an  arrangement  will  be  ad¬ 
vantageous  to  the  administration  of  a  National  Forest.  (See  Reg.  D-37.) 

41 

STOC3£  TANKS. 

Permits  for  the  construction  of  stock  watering  tanks  may  be  issued  free  of 
charge  to  grazing  permittees,  provided  that  all  stock  grazed  under  permit  upon 
the  range  are  allowed  access  to  the  water.  .The  inclosure  of  not  more  than  40 
acres  in  connection  with  the  watering  place  may  be  allowed,  for  which  the  usual 
pasture  charge  will  be  made.  The  inclosure  of  existing  sources  of  water  supply 
will  not  be  allowed. 

GAME  PRESERVES  AND  FISH  CULTURE. 

No  permits  will  be  issued  for  game  preserves  or  any  use  of  land  which  would 
result  in  preventing  or  restricting  lawful  hunting  or  fishing  in  National  Forests. 

Permits  for  the  exclusive  use  of  land  for  reservoirs  for  fish  culture  may  be 
issued  if  the  land  applied  for  does  not  involve  a  natural  lake  or  natural  stream 
bed. 

EASEMENTS. 

The  following  rights  of  way,  amounting  to  easements  across  National  Forest 
lands  are  provided  for  by  Congress  and  are  under  the  jurisdiction  of  the 
Secretary  of  the  Interior: 

Railroad  grants. 

The  act  of  March  3,  1875  (18  Stat.,  482),  in  so  far  as  it  is  extended  over 
National  Forests  by  the  act  of  March  3,  1899  (30  Stat.,  1214),  grants  rights  of 
way  for  railroads. 

Grants  for  irrigation  works. 

The  act  of  March  3,  1891  (26  Stat.,  1095),  as  amended  by  the  act  of  May  11, 
1898  (  30  Stat,  404),  grants  rights  of  way  across  the  public  lands  and  National 
Forests  for  irrigation  reservoirs  and  canals. 

Grants  for  municipal  and  mining  purposes. 

Section  4  of  the  act  of  February  1,  1905  (33  Stat.,  628),  grants  rights  of  way 
in  National  Forests  for  reservoirs,  conduits,  and  water  plants  for  municipal  and 
mining  purposes. 

Applications  filed  in  local  land  office. 

All  applications  for  rights  of  way  under  the  foregoing  acts  must  be  filed  in 
the  proper  local  land  office  of  the  Department  of  the  Interior. 


CLAIMS,  SETTLEMENT,  SPECIAL  USES,  WATER  POWER. 


71 


RIGHTS  OF  WAY  UNDER  SPECIAL-USE  PERMIT. 

Rights  of  way  can  also  be  obtained  from  the  Department  of  Agriculture  under 
special-use  permit.  These  can  not  be  transferred  and  are  terminable  in  the 
discretion  of  the  Secretary.  They  usually  cost  much  less,  however,  for  surveys 
and  maps. 

APPLICANT  MAY  CHOOSE  FORM  OF  PERMIT. 

Application  may  be  made  for  either  an  easement  or  a  special-use  permit,  or 
for  both,  as  the  applicant  may  choose.  The  granting  of  an  Interior  Department 
right  of  way  supersedes  the  permit  issued  by  the  Department  of  Agriculture. 
Either  form  of  permit  requires  the  applicant  to  enter  into  such  stipulations  and 
execute  such  bonds  as  the  Forest  Service  may  require  for  the  protection  of  the 
National  Forests. 


WATER  POWER. 

The  National  Forests  are  situated  chiefly  within  the  mountainous  sections  of 
the  West  and  have  within  their  boundaries  numerous  streams  of  continuous 
large  discharge  on  which  are  found  sites  for  storage  reservoirs.  They  therefore 
contain  water  powers  of  great  value,  the  aggregate  capacity  of  which  is  esti¬ 
mated  at  12,000,000  horsepower. 

POWER  MAY  BE  DEVELOPED  UNDER  PERMIT. 

Lands  useful  in  connection  with  water-power  development  are  open  to  occu¬ 
pancy  for  such  purposes,  and  it  is  the  policy  of  the  department  to  encourage 
power  development  in  so  far  as  this  can  be  done  under  conditions  which  safe¬ 
guard  the  interests  of  the  public.  The  right  to  occupy  these  lands  with  reser¬ 
voirs,  conduits,  power-house  sites,  or  other  works  may  be  obtained  under  the  act 
of  Congress  approved  February  15,  1901  (31  Stat.,  790). 

POLICY  IN  REGARD  TO  REVOCATION. 

While  this  act  expressly  provides  that  any  permit  granted  under  it  is  subject 
to  revocation  at  any  time  by  the  Secretary,  nevertheless  it  is  not  the  policy  of 
the  department  to  revoke  permits  within  a  period  of  50  years  if  the  permittee 
observes  the  conditions  under  which  the  permit  is  granted. 

PURPOSE  OF  REGULATIONS. 

Permits  are  granted  under  general  regulations  which  the  law  authorizes  the 
Secretary  to  make.  Under  these  regulations  the  department  seeks  to  prevent 
the  appropriation  of  water-power  sites  for  speculative  purposes;  to  secure 
prompt  and  full  development ;  to  prevent  monopoly ;  and  to  secure  a  reasonable 
compensation  to  the  Government  for  the  use  of  the  land  occupied  and  the 
beneficial  protection  given  to  the  watershed. 

HOW  TO  OBTAIN  SPECIFIC  INFORMATION. 

The  regulations  and  detailed  instructions  respecting  the  procedure  that  must 
be  followed  in  order  to  obtain  a  permit  may  be  obtained  on  application,  either  to 
the  Forester  or  to  any  of  the  district  foresters.  (See  list  of  district  headquar¬ 
ters  on  p.  16.) 


PART  V. — PROTECTION  OF  THE  NATIONAL  FORESTS. 


EIRE  DANGER. 

Fire  is  an  ever-present  danger  on  the  National  Forests.  The  great  size  of 
the  Forests  compared  with  the  size  of  the  patrolling  force,  the  difficulty  of 
reaching  remote  areas  across  miles  of  wilderness,  the  dry  air  and  light  rainfall 
in  parts  of  the  West,  the  prevalence  of  lightning  in  the  mountains,  and  the 
constant  use  of  fire  in  the  daily  life  of  the  people  and  in  the  industries  all  com¬ 
bine  to  make  the  hazard  exceptional. 

Among  the  chief  causes  of  fire  are  railroads,  lightning,  campers,  slash  burn¬ 
ing,  incendiarism,  and  steam  sawmills.  The  great  fires  of  August,  1910,  which 
swept  northern  Idaho  and  western  Montana,*  destroyed  many  millions  of  dollars 
worth  of  timber  and  85  human  lives  and  cost  the  United  States  $839,000  for  fire 
fighting.  Like  all  other  great  conflagrations,  these  began  with  small  fires  which 
were  fanned  into  fury  by  gales  of  wind.  A  small  fire  may  at  any  time  spread 
into  a  conflagration,  and  fires,  matches,  and  burning  tobacco  should  be  used  as 
carefully  in  the  forest  as  they  are  in  the  home.  Carelessness  in  this  respect 
may  mean  the  loss  of  lives,  homes,  stock,  and  forage,  and  of  a  vast  amount  of 
timber  which  belongs  equally  to  all  citizens. 

Fires  may  start  in  a  region  remote  from  supplies  and  water  and  reach 
vast  proportions  before  a  party  of  fire  fighters  can  get  to  the  scene,  no  matter 
how  promptly  the  start  is  made.  By  far  the  best  plan,  therefore,  is  to  pre¬ 
vent  fires  rather  than  to  depend  upon  fighting  them  once  they  start.  This  sub¬ 
ject  has  been  given  the  most  earnest  attention  by  the  Forest  Service.  During 
the  danger  season  the  main  attention  of  supervisors  and  rangers  is  devoted  to 
preventing  fire.  Extra  men  are  employed,  the  Forests  are  systematically  pa¬ 
trolled,  and  a  careful  lookout  maintained  from  high  points.  Roads  and  trails 
are  so  built  that  every  part  of  the  Forest  may  be  quickly  reached  with  pack 
animals.  Tools  and  food  for  fire  fighters  are  stored  at  convenient  places.  The 
ranger  stations  and  lookout  points  are  connected  with  the  offices  of  the  super¬ 
visors  by  telephone,  so  that  men  may  be  quickly  assembled  to  fight  a  dangerous 
fire  which  the  patrolman  can  not  subdue  alone. 

The  cooperation  of  all  Forest  users  is  earnestly  sought  in  the  work  of  pre¬ 
venting  fire  by  informing  the  nearest  forest  supervisor  or  ranger  of  any  fire 
which  may  be  discovered. 

FIRE  TRESPASS. 

REGULATION  T-l.  The  following  acts  are  prohibited  on  lands  of  the  United 
States  within  National  Forests: 

(a)  Setting  on  fire  or  causing  to  be  set  on  fire  any  timber,  brush,  or  grass: 
Provided,  however,  That  this  regulation  shall  not  be  construed  to  prohibit  the 
building  of  necessary  camp  fires  or  other  fires  for  domestic  or  manufacturing 
purposes. 

(b)  Building  a  camp  fire  in  leaves,  rotten  wood,  or  other  places  where  it  is 
likely  to  spread,  or  against  large  or  hollow  logs  or  stumps,  where  it  is  difficult 
to  extinguish  it  completely. 

(c)  Building  a  camp  fire  in  a  dangerous  place,  or  during  windy  weather, 
without  confining  it  to  holes  or  cleared  spaces  from  which  all  vegetable  matter 
has  been  removed. 

(d)  Leaving  a  camp  fire  without  completely  extinguishing  it.  (Issued 
August  5,  1931,  to  take  effect  September  1,  1911.) 

The  act  of  June  4,  1897,  authorizes  the  Secretary  of  Agriculture  to  make 
rules  and  regulations  for  the  protection  of  the  National  Forests  and  provides 
72 


PROTECTION  OF  THE  NATIONAL  FORESTS. 


73 


that  any  violation  of  such  rules  and  regulations  shell  be  punishable  by  a  fine 
of  not  more  than  $500,  or  imprisonment  for  not  more  than  12  months,  or  both. 
The  Secretary,  in  the  exercise  of  this  authority,  promulgated  Regulation  T-l 

#  to  insure  care  with  fires  and  thus  protect  National  Forest  resources. 

Section  52  of  the  act  of  March  4,  1909  (35  Stat.,  1088),  provides  a  fine  of  not 
more  than  $5,000,  or  not  more  than  two  years’  imprisonment,  or  both  fine  and 
imprisonment,  for  willfully  setting  on  fire  or  causing  to  be  set  on  fire  any 
timber,  underbrush,  or  grass  upon  the  public  domain  or  for  leaving  or  suffering 
a  fire  to  burn  unattended  near  any  timber  or  other  inflammable  material. 

Section  53  of  the  same  act  provides  a  fine  of  not  more  than  $1,000,  or  not 
more  than  one  year’s  imprisonment,  or  both  fine  and  imprisonment,  for  failure 
to  totally  extinguish  a  fire  built  in  or  near  any  forest,  timber,  or  other  inflam¬ 
mable  material  upon  the  public  domain  before  leaving  it. 

Offenders  can  be  prosecuted  under  either  of  these  acts.  The  United  States, 
having  all  of  the  legal  remedies  of  a  private  citizen,  can,  in  addition  to  criminal 
prosecution,  bring  civil  suit  to  recover  damages  for  loss  by  fire. 

INNOCENT  AND  WILLFUL  TRESPASS. 

Cases  in  which  fire  spreads  after  all  reasonable  precautions  are  taken,  or 
where  the  fire  is  entirely  the  result  of  accident,  will  be  considered  innocent,  and 
only  actual  or  compensatory  damages  will  be  demanded. 

All  cases  where  fires  are  set  maliciously,  or  allowed  to  spread  through  gross 
carelessness  or  neglect,  or  in  violation  of  any  Federal  or  State  law,  are  willful, 
and  criminal  prosecution  will  be  instituted  as  well  as  action  for  damages. 

DESTRUCTION  OF  TIMBER  NOT  THE  ONLY  DAMAGE. 

It  is  evident  from  the  purposes  and  uses  of  the  National  Forests  that  the 
destruction  of  mature  standing  timber  is  not  the  only  actual  damage  done  by 
fire  for  wffiich  compensation  may  be  claimed.  Injury  or  destruction  of  smaller 
trees,  fit  for  posts  or  fuel,  young  seedlings  or  saplings  of  all  species,  forage, 
and  the  productivity  of  the  soil  are  all  losses  which  the  courts  have  recognized. 
Damage  to  a  watershed  is  a  loss  no  less  real  but  more  difficult  to  estimate. 

REWARDS. 

Provided  Congress  continues  to  make  the  necessary  appropriation  or  authorize 
the  payment  thereof,  the  Department  of  Agriculture  will  pay  the  following 
rewards: 

First.  Not  exceeding  $250  and  not  less  than  $50  for  information  leading  to 
the  arrest  and  conviction  of  any  person,  in  any  United  States  court,  on  the 
charge  of  willfully  and  maliciously  setting  on  fire,  or  causing  to  be  set  on  fire, 
any  timber,  underbrush,  or  grass  upon  the  lands  of  the  United  States  within  a 
National  Forest. 

Second.  Not  exceeding  $100  and  not  less  than  $25  for  information  leading 
to  the  arrest  and  conviction  of  any  person,  in  any  United  States  court,  on  the 
charge  of  building  a  fire  on  lands  of  the  United  States  within  a  National 
Forest,  in  or  near  any  forest  timber  or  other  inflammable  material,  and 
leaving  said  fire  before  the  same  has  been  totally  extinguished. 

These  rewards  will  be  paid  to  the  person  or  persons  giving  the  information 
leading  to  such  arrests  and  convictions  upon  presentation  to  the  Department  of 
Agriculture  of  satisfactory  documentary  evidence. 

All  officers  and  employees  of  the  Department  of  Agriculture  are  barred  from 
receiving  reward  for  information  leading  to  the  arrest  and  conviction  of  any 
person  or  persons  committing  either  of  the  above  offenses. 

The  Department  of  Agriculture  reserves  the  right  to  refuse  payment  of  any 
claim  for  reward  when,  in  its  opinion,  collusion  or  improper  methods  have 
been  used  to  secure  the  arrest  and  conviction  thereunder  and  to  allow  only  one 
reward  where  several  persons  have  been  convicted  of  the  same  offense  or 
where  one  person  has  been  convicted  of  several  offenses,  unless  the  circum¬ 
stances  entitle  the  claimant  to  a  reward  on  each  such  conviction. 

♦  Application  for  reward  should  be  forwarded  to  the  Forester,  Washington, 
D.  C.,  but  a  claim  will  not  be  entered  unless  presented  within  three  months 
from  the  date  of  conviction  of  an  offender. 


> 


74 


THE  USE  BOOK. 


In  order  that  all  claimants  for  reward  may  have  an  opportunity  to  present 
their  claims  within  the  prescribed  limit,  the  department  will  not  take  action  for 
three  months  from  date  of  conviction  of  an  offender.  The  above  is  applicable 
to  offenses  committed  since  July  1,  1910. 

COOPERATION  IN  ENFORCING  STATE  FIRE  LAWS. 

REGULATION  G.  A.-6.  All  Forest  officers  will  cooperate  with  State  officials,  so 
far  as  practicable,  to  enforce  State  laws  for  the  prevention  and  extinguishment 
of  forest  fires.  When  authorized  to  do  so  by  the  proper  State  officers,  they  will, 
without  additional  pay,  act  as  fire  wardens  with  full  power  to  enforce  the  local 
laws.  (Issued  August  12,  1912.) 

FIRE-PROTECTION  COOPERATIVE  AGREEMENTS. 

REGULATION  G.  A.-7.  The  Forest  Service  shall,  whenever  possible,  and  is 
hereby  authorized  to,  enter  into  such  agreements  with  private  owners  of  timber, 
with  railroads,  and  with  other  industrial  concerns  operating  in  or  near  the 
National  Forests  as  will  result  in  mutual  benefit  in  the  prevention  and  suppres¬ 
sion  of  forest  fires:  Provided,  That  the  service  required  of  each  party  by  such 
agreements  shall  be  in  proportion  to  the  benefits  conferred.  (Issued  August 
12,  1912.) 

TIMBER  TRESPASS. 

REGULATION  T-2.  The  following  acts  are  prohibited  on  lands  of  the  United 
States  within  National  Forests: 

(a)  The  cutting,  killing,  destroying,  girdling,  chipping,  chopping,  boxing, 
injuring,  or  otherwise  damaging,  or  the  removal  of  any  timber  or  young  tree 
growth,  except  as  authorized  by  law  or  regulation  of  the  Secretary  of  Agricul¬ 
ture. 

(b)  The  damaging  or  cutting,  under  any  contract  of  sale  or  permit,  of  any 
living  tree  before  it  is  marked  or  otherwise  designated  for  cutting  by  a  Forest 
officer. 

(c)  The  removal  from  the  place  designated  for  scaling,  measuring,  or  count¬ 
ing  of  any  timber  cut  under  contract  of  sale  or  permit  until  scaled,  measured,  or 
counted  and  stamped  by  a  Forest  officer. 

(d)  The  stamping,  except  by  a  Forest  officer,  of  any  timber  belonging  to  the 
United  States,  either  with  the  regulation  marking  tools  or  with  any  instrument 
having  a  similar  design:  Provided,  That  timber  lawfully  cut  from  public  land, 
which  is  subsequently  included  within  a  National  Forest,  may  be  removed  within 
a  reasonable  time  after  the  inclusion  of  such  land  in  a  Forest:  Provided  further, 
That  the  term  “  timber  ”  as  used  in  this  regulation  shall  be  deemed  and  taken 
to  mean  trees  of  a  character  or  sort  that  may  be  used  in  any  kind  of  manu¬ 
facture  or  the  construction  of  any  article  or  for  fuel.  (Issued  August  5,  1911, 
to  take  effect  September  1,  1911.) 

TIMBER  DEPREDATIONS  ON  NATIONAL  FORESTS. 

Section  50  of  the  act  of  March  4,  1909  (35  Stat.,  1088),  as  amended  by  section 
6  of  the  act  of  June  25,  1910  (36  Stat.,  857),  makes  it  a  criminal  offense,  pun¬ 
ishable  by  a  fine  of  not  more  than  $500,  or  imprisonment  for  not  more  than  one 
year,  or  by  both  fine  and  imprisonment,  to  unlawfully  cut,  or  aid  in  unlawful 
cutting,  or  to  wantonly  injure  or  destroy,  or  procure  to  be  wantonly  injured 
or  destroyed,  any  tree,  growing,  standing,  or  being  upon  any  land  of  the  United 
States  which  has  been  reserved  or  purchased  for  any  public  use. 

BOXING  TIMBER  FOR  TURPENTINE,  ETC. 

By  section  51  of  the  penal  code  (act  of  March  4,  1909,' 35  Stat.,  1088),  the 
cutting,  chipping,  chopping,  or  boxing  of  any  tree  upon  National  Forest  and 
other  Government  land,  or  upon  any  land  covered  by  or  embraced  in  any  un¬ 
perfected  settlement,  application,  filing,  entry,  selection,  or  location,  made  un¬ 
der  any  law  of  the  United  States,  for  the  purpose  of  obtaining  from  such  tree 
any  pitch,  turpentine,  or  other  substance,  or  knowingly  encouraging,  causing, 
procuring,  or  aiding  in  such  cutting,  chipping,  chopping,  or  boxing,  or  buying, 
trading  for,  or  in  any  manner  acquiring  the  product  so  obtained  with  knowl- 


PROTECTION  OP  THE  NATIONAL  FORESTS. 


75 


edge  tliat  it  was  unlawfully  obtained,  is  a  criminal  offense  punishable  by  a  fine 
of  not  more  than  $500,  or  imprisonment  for  not  more  than  one  year,  or  by  both 
fine  and  imprisonment. 

TIMBER  CUTTING  ON  UNPERFECTED  CLAIMS. 

Timber  can  not  be  cut  upon  an  unperfected  claim  beyond  the  extent  neces¬ 
sary  for  its  actual  development  or  for  uses  not  consistent  with  the  purpose  for 
which  the  claim  was  initiated,  or  from  one  mining  claim  for  use  upon  another, 
where  such  use  does  not  tend  directly  to  develop  the  claim  from  which  the  timber 
is  cut. 

When  National  Forest  timber  is  threatened  with  trespass,  and  no  warning 
will  serve  to  restrain  the  trespasser,  an  injunction  may  be  obtained  to  protect 
National  Forest  interests. 

INNOCENT  AND  WILLFUL  TRESPASS. 

If,  at  the  time  the  cutting  was  done,  the  trespasser,  after  the  exercise  of  due 
diligence  to  ascertain  from  official  sources  the  ownership  of  the  land  or  his 
rights  therein,  was  unaware  that  he  wras  not  lawfully  entitled  to  the  timber,  the 
act  will  be  considered  an  innocent  trespass.  If  cutting  occurs  beyond  the 
boundaries  of  patented  land  through  bona  fide  mistake,  or  trespass  has  been 
committed  on  account  of  any  other  bona  fide  error  of  fact  or  in  ignorance  of 
the  rights  of  the  United  States,  the  trespass  will  be  considered  an  innocent  one. 
Where  these  conditions  do  not  exist,  the  trespass  will  be  considered  willful. 
While  the  men  who  do  the  actual  cutting  may  legally  be  held  for  the  trespass, 
proceedings  will  ordinarily  be  directed  against  the  corporation,  company,  or 
individual  by  whose  direction  and  for  whose  benefit  the  cutting  was  done.  In 
civil  cases  the  employer  is  liable  for  the  willfulness  of  the  employee,  if  he  knew 
of  the  trespass  and  took  no  means  to  stop  it,  or,  if  after  the  trespass  was  com¬ 
mitted,  he  knowingly  approved  it  or  adopted  it  by  receiving  the  fruit  of  the  tres¬ 
pass,  or  whenever  he  employed  persons  to  do  the  cutting  knowing  them  to  be 
careless,  reckless,  and  unreliable. 

When  the  trespass  is  innocent,  the  measure  of  damage  will  be  the  value  of 
the  timber  after  it  was  cut  at  the  place  where  it  was  cut. 

Where  the  purchaser  of  timber  cut  in  innocent  trespass  is  held  for  damages, 
the  measure  will  be  the  value  of  the  timber  after  it  was  cut  at  the  place  where 
it  was  cut.  If  the  timber  is  purchased  from  a  willful  trespasser,  without 
knowledge  of  the  trespass,  the  value  will  be  determined  as  of  the  time  of  such 
purchase. 

When  the  trespass  is  willful,  the  measure  of  damages  will  be  the  value  of  the 
timber  in  its  condition  when  and  where  found.  If,  when  a  willful  trespass  is 
discovered,  the  trees  are  felled,  the  assessed  damage  will  be  the  stumpage  plus 
the  cost  of  felling;  if  they  are  cut  into  logs,  the  cost  of  bucking  will  be  added, 
and,  if  found  at  the  mill,  the  cost  of  both  bucking  and  hauling  will  be  added. 
If  the  logs  have  passed  through  the  mill  the  current  value  of  the  lumber  will 
be  the  basis  for  assessing  damages. 

Where  the  purchaser  of  timber  cut  in  trespass  is  held  for  damages,  the 
measure  will  be  the  value  of  the  material  at  the  time  and  place  it  is  found,  if  it 
was  purchased  from  a  willful  trespasser  with  full  knowledge  that  the  timber 
was  cut  in  trespass. 


DAMAGE  TO  YOUNG  GROWTH,  ETC. 

If  in  addition  to  the  cutting  and  removal  of  Government  timber,  the  tres¬ 
passer,  by  careless  felling  or  logging,  has  done  avoidable  damage  to  young 
growth  or  timber  left  standing,  an  estimate  of  the  money  value  of  this  loss  will 
be  made  and  included  in  the  assessed  damages.  Merchantable  timber  wasted 
in  high  stumps,  long  tops,  or  left  in  the  woods  will,  of  course,  be  included  in 
the  scale. 

SEIZURE  OF  TIMBER  CUT  IN  TRESPASS. 

Seizure,  or  recaption,  is  the  right  of  a  person  to  retake  his  property  in  a 
peaceable  manner  wherever  he  finds  it.  Forest  officers,  as  agents  of  the  Gov¬ 
ernment,  may  seize  timber  cut  in  trespass  wherever  found,  even  though  it  may 
be  upon  patented  land  at  the  time.  If  there  is  grave  danger  that  the  timber 
cut  in  trespass  will  be  removed  beyond  recovery  by  the  United  States,  all 
material  belonging  to  the  Government  will  be  seized. 


76 


THE  USE  BOOK. 


Timber  cut  in  trespass  may  be  seized,  althougn  manufactured  into  lumber 
and  in  the  hands  of  an  innocent  purchaser  and  upon  patented  land.  It  is  within 
the  right  of  the  United  States  to  seize  buildings  or  other  improvements,  either 
on  Government  or  patented  land,  when  such  improvements  are  constructed 
wholly  or  in  part  from  timber  cut  in  trespass. 

Where  a  trespasser  wrongfully  mingles  Government  timber  or  lumber  with  his 
own,  either  the  whole  mass  may  be  seized  and  held  until  the  amount  lawfully 
owned  by  the  claimant  is  proved  by  him,  or,  if  the  amount  taken  from  the 
Government  land  is  known,  an  equal  amount  of  the  commingled  mass  may  be 
seized. 

The  forest  officer  making  the  seizure  will  post  notices  on  the  material  seized 
and  the  trespasser  and  any  witnesses  to  the  act  will  be  warned  against  its 
removal. 

Material  seized  will  not  be  stamped  “  U.  S.”  until  the  case  is  settled  and  the 
material  released. 

GRAZING  TRESPASS. 

REGULATION  T-3.  The  following  acts  are  prohibited: 

(a)  The  grazing  upon  or  driving  across  any  National  Forest  of  any  live  stock 
without  permit,  except  such  stock  as  are  specifically  exempted  from  permit  by 
the  regulations  of  the  Secretary  of  Agriculture,  or  the  grazing  upon  or  driving 
across  any  National  Forest  of  any  live  stock  in  violation  of  the  terms  of  a 
permit. 

(b)  The  grazing  of  stock  upon  National  Forest  land  within  an  area  closed  to 
the  grazing  of  that  class  of  stock. 

(c)  The  grazing  of  stock  upon  an  area  withdrawn  from  use  for  grazing  pur¬ 
poses  to  protect  it  from  damage  by  reason  of  the  improper  handling  of  the 
stock,  after  the  receipt  of  notice  from  an  authorized  Forest  officer  of  such  with¬ 
drawal  and  of  the  amendment  of  the  grazing  permit.  (Issued  August  5,  1911, 
to  take  effect  September  1,  1911.) 

REMOVAL  OF  STOCK. 

Upon  the  discovery  of  grazing  trespass  the  owner  of  trespassing  stock  will  be 
ordered  to  remove  it  at  once,  or,  if  the  situation  is  urgent,  the  Forest  officer 
may  remove  the  stock  in  any  way  that  does  not  injure  it  physically. 

Permitted  stock  may  be  removed  from  any  portion  of  the  Forest  not  allotted 
to  it,  but  the  permit  can  not  be  canceled  or  the  stock  removed  from  the  area 
allotted  to  it  without  authority  from  the  district  forester. 

Forest  officers  may  drive  unpermitted  stock  from  any  portion  of  the  Forest 
upon  discovery  of  its  presence,  or  they  may  allow  the  owner  or  herder  a  reason¬ 
able  time  to  remove  it;  but  if  he  refuses  to  do  so  the  person  in  charge  of  the 
stock  may  be  arrested  and  the  stock  removed  from  the  Forest  by  the  Forest 
officers. 

OCCUPANCY  TRESPASS. 

REGULATION  T-4.  The  following  acts  are  prohibited: 

(a)  Squatting  upon  National  Forest  land  or  making  settlement  thereon,  ex¬ 
cept  in  accordance  with  the  act  of  June  11,  1906,  entitled  “An  act  to  provide 
for  the  entry  of  agricultural  lands  within  forest  reserves.” 

(b)  Constructing  or  maintaining  any  kind  of  works,  structure,  fence,  or  in¬ 
closure;  conducting  any  kind  of  business  enterprise  or  carrying  on  any  kind  of 
work  on  National  Forest  land  without  a  permit,  except  as  otherwise  allowed  by 
law  or  regulation,  and  except  upon  a  claim  for  the  actual  use,  improvement,  and 
development  of  the  claim  consistent  with  the  purposes  for  which  it  was 
initiated. 

(c)  The  willful  tearing  down  or  defacing  of  any  notice  of  the  Forest  Service 
posted  within  a  National  Forest. 

(d)  Having  or  leaving  in  an  exposed  or  insanitary  condition  on  National 
Forest  lands  camp  refuse  or  debris  of  any  description,  or  depositing  on  National 
Forest  lands,  or  being  or  going  thereon  and  depositing  in  the  streams,  lakes,  or 
other  waters  within  or  bordering  upon  the  National  Forests  any  substance  or 
substances  which  pollute  or  are  liable  to  cause  pollution  of  the  said  streams, 
lakes,  or  waters. 

(e)  The  going  or  being  upon  lands  of  the  United  States  within  a  National 
Forest  with  intent  to  destroy,  molest,  disturb,  or  injure  property  belonging  to 


PROTECTION  OF  THE  NATIONAL  FORESTS. 


77 


the  United  States,  or  used  by  the  United  States  in  the  administration  of  the 
National  Forests.  (Issued  August  5,  1911,  to  take  effect  September  1,  1911; 
paragraph  (d)  being  an  amendment  of  December  11,  1911,  and  paragraph  (e) 
an  amendment  of  August  6,  1912.) 

WHAT  CONSTITUTES  OCCUPANCY  TRESPASS. 

The  use  of  the  National  Forest  land  without  permit  for  any  purpose  for 
which  special-use  permits  are  required  constitutes  occupancy  trespass.  Travel¬ 
ing,  temporary  camping,  hunting,  surveying,  or  prospecting  may  be  carried  on 
without  permit,  and  camp  wood  and  forage  for  stock  used  in  connection  with 
such  projects  may  be  taken  free  of  charge. 

Since  the  United  States  has  all  the  civil  rights  and  remedies  for  trespass 
possessed  by  private  individuals,  it  may  bring  action  to  recover  damages  result¬ 
ing  from  trespass  or  breach  of  contract. 

ACTION  TO  STOP  TRESPASS. 

If  the  trespasser  is  engaged  in  constructing  any  building  or  other  structure 
on  National  Forest  land,  he  will  be  notified  by  a  written  order  to  suspend 
work.  In  aggravated  cases  it  is  within  the  authority  of  a  ranger  to  seize  im¬ 
provements  constructed  on  National  Forest  land. 

PROPERTY  TRESPASS. 

The  unauthorized  appropriation,  damage,  or  destruction  of  property  of  the 
United  States  used  in  the  administration  of  the  National  Forests  constitutes 
a  trespass. 

RECOVERY  OF  FOREST  SERVICE  PROPERTY. 

Forest  officers  may,  without  special  instructions,  seize  Forest  Service  prop¬ 
erty  wrongfully  taken  wherever  it  is  found.  Seizure  may  be  made  when  it 
can  be  done  peaceably,  and  whenever  necessary  to  prevent  the  Government 
property  from,  being  sold,  damaged,  destroyed,  or  removed  beyond  recovery. 

BOUNDARY  MARKS. 

Destroying,  defacing,  changing,  or  moving  any  corner,  meander  post,  monu¬ 
ment,  or  bench  mark,  or  cutting  down  any  blazed  line  or  witness  tree  on  any 
Government  line  or  survey  is  prohibited  by  specific  act  of  Congress,  providing 
a  penalty  of  fine  or  imprisonment,  or  both. 

The  instructions  require  that  the  boundary  lines  of  every  Forest  and  the 
boundaries  of  private  lands  within  the  Forests  shall  be  located  and  marked 
for  the  information  of  the  public  in  order  to  prevent  trespass  and  to  simplify 
the  administration  of  the  Forest. 

In  timber  the  boundary  lines  are  marked  by  blazes  and  Forest  Service 
boundary  posters.  Boundary  posters  with  the  proper  description  are  placed  at 
all  corners  and  at  intersections  with  trails,  roads,  and  streams,  and  ridges. 
The  posters  face  outward  from  the  Forest.  In  parks  where  there  is  no  timber 
upon  which  the  notices  can  be  tacked  posts  are  set.  Stone  monuments  are  often 
used  and  also  printed  and  stenciled  signs  giving  needful  information. 

Many  thousands  of  miles  of  the  most  necessary  parts  of  Forest  boundary 
have  been  thus  located  and  marked.  The  remaining  portions  will  be  marked  as 
necessity  arises,  and  as  money  and  men  become  available. 

SETTLEMENT  OF  TRESPASS  CASES. 

REGULATION  T-5.  The  district  foresters  are  authorized  to  settle  all  cases  of 
innocent  or  unintentional  civil  trespasses  where  the  total  value  of  the  Forest 
products  injured,  taken,  or  destroyed  is  not  in  excess  of  $100.  (Issued  August 
5,  1911,  to  take  effect  September  1,  1911.) 

REGULATION  T-6.  Settlement  of  all  innocent  or  unintentional  civil  trespasses 
where  the  total  value  of  the  Forest  products  injured,  taken,  or  destroyed  is  in 
excess  of  $100  will  he  effected  by  the  Secretary  of  Agriculture.  All  willful  civil 
trespasses,  or  those  involving  injury  to  the  lands  of  the  United  States,  separate 
and  apart  from  the  taking,  injury,  or  destruction  of  Forest  products,  and  all 


78 


THE  USE  BOOK. 


criminal  trespasses  will  be  reported  to  the  Secretary  of  Agriculture  for  reference 
to  the  Attorney  General  for  action.  (Issued  August  5,  1911.  to  take  effect  Sep¬ 
tember  1,  1911.) 

CIVIL  CASES. 

A  Forest  officer,  upon  discovering  ja  trespass,  will  take  such  immediate  steps 
as  are  necessary  to  protect  the  National  Forest  or  United  States  property  from 
injury  or  loss,  and  report  all  the  facts  to  the  supervisor. 

If  the  supervisor  is  of  the  opinion  that  trespass  has  been  committed,  he  will, 
except  in  cases  of  property  and  criminal  fire  trespasses,  inform  the  trespasser 
by  registered  mail,  or  in  person,  of  the  trespass,  and  that  he  will  be  allowed  a 
definite  time  from  receipt  of  notice  in  which  to  make  a  sworn  statement  of  the 
circumstances  of  the  trespass  and  his  estimate  of  the  damages  sustained  by  the 
Government,  and  that  such  statement  will  be  considered  in  the  determination 
of  the  actual  damages  sustained  by  reason  of  the  trespass. 

Whenever  practicable  the  supervisor  will  meet  the  trespasser  and  talk  the 
matter  over  with  him. 

After  consideration  of  the  trespasser’s  statements  the  supervisor  will  supple¬ 
ment  the  Forest  officer’s  report  by  his  own  findings  as  to  the  damage  sustained 
by  the  Government,  and  particularly  as  to  the  innocence  or  willfulness  of  the 
trespass,  and  send  both  to  the  district  forester,  who  will  consult  the  legal  ad¬ 
viser  of  the  district. 

If  the  case  is  one  of  innocent  or  unintentional  trespass  and  the  total  value 
of  the  forest  products  injured,  taken,  or  destroyed  is  not  in  excess  of  $100, 
the  approval  of  the  case  for  action  by  the  law  officer  will  be  followed  by  the 
preparation  of  a  letter  to  the  trespasser.  In  this  letter  the  district  forester 
will  inform  the  trespasser  of  the  sum  due  the  United  States  because  of  his 
trespass,  as  determined  by  him,  and  that,  upon  payment  of  this  amount  and 
the  fulfillment  of  such  conditions  as  may  be  necessary  to  protect  the  National 
Forest,  the  case  will  be  closed.  „  A  letter  of  transmittal  (Form  861)  for  the 
amount  due,  signed  by  the  district  forester,  will  accompany  the  letter.  If 
after  the  expiration  of  a  reasonable  time  the  payment  has  not  been  received 
the  entire  case  will  be  referred  to  the  district  legal  adviser,  who  will  write  a 
second  letter  to  the  trespasser  calling  attention  to  his  failure  to  pay  the  amount 
due.  If  the  trespasser  fails  or  refuses,  after  receipt  of  the  second  letter,  to 
make  settlement  as  required,  the  case  will  be  forwarded  to  the  Solicitor  at 
Washington  for  submission  to  the  Attorney  General  for  the  institution  of  civil 
suit. 

CRIMINAL  CASES. 

Settlement  of  or  institution  of  suit  to  recover  damages  resulting  from  a 
trespass  in  a  National  Forest  does  not  bar  a  criminal  prosecution  for  the 
trespass,  and  the  Secretary  of  Agriculture  can  not  accept  settlement  made  on 
the  condition  that  no  such  prosecution  will  be  instituted;  nor  has  the  Secre¬ 
tary  power  to  dismiss  a  pending  prosecution. 

ACTION  WHERE  ARREST  IS  NECESSARY. 

In  willful  and  flagrant  cases  where  immediate  action  is  necessary  in  order 
to  protect  the  Forest  from  damage  or  to  prevent  the  escape  of  the  trespasser, 
the  ranger  will  place  the  trespasser  under  arrest  if  he  is  detected  in  the  act  of 
committing  trespass,  or  if  not  so  detected  will  first  procure  a  warrant  for  his 
arrest.  He  will  immediately  take  the  trespasser  before  the  proper  United 
States  commissioner,  swear  to  a  complaint,  and  hold  the  trespasser  for  disposi¬ 
tion  according  to  the  instructions  of  the  commissioner.  (See  Authority  of 
Forest  officers,  p.  18.) 

PROTECTION  OF  WATER  SUPPLY. 

REGULATION  G.  A.-8.  For  the  purpose  of  protecting  water  supplies  of  towns, 
cities,  and  irrigation  districts,  the  use  of  National  Forest  lands  will  be  restricted 
by  the  Secretary  of  Agriculture,  with  such  conditions  as  to  reservations  from 
other  uses  of  the  land  and  to  assistance  to  be  given  the  Forest  Service  by  the 
town  or  city  in  establishing  special  protective  measures  as  may  be  deemed  neces¬ 
sary  or  advisable.  Such  use  will  be  granted  under  formal  agreement  between 
the  Secretary  of  Agriculture  and  the  properly  authorized  official  of  the  town, 
city,  or  irrigation  district.  (Issued  August  12,  1912.) 


PROTECTION  OF  THE  NATIONAL  FORESTS. 


79 


IMPORTANCE  OF  PROTECTION. 

Undoubtedly  the  greatest  value  of  the  mountain  ranges  of  the  West,  most  of 
which  are  within  National  Forests,  lies  in  their  influence  upon  the  regularity  of 
the  water  supply.  In  many  of  the  States  the  mountains  afford  the  only  water 
supply  for  domestic  use,  for  irrigation,  and  for  the  development  of  power.  The 
future  development  of  the  entire  region,  therefore,  will  depend  upon  the  amount 
of  water  and  the  manner  in  which  it  flows  from  the  mountains. 

The  vegetative  covering  has  a  very  decided  influence  on  run-off.  For  this 
reason  Congress  made  the  preservation  of  conditions  favorable  to  stream  flow 
one  of  the  principal  objects  in  the  establishment  and  administration  of  the 
National  Forests. 

COOPERATIVE  AGREEMENTS. 

To  insure  the  sufficiency  and  purity  of  the  water  supply  of  a  municipality  or 
of  an  irrigation  district,  or  to  prevent  floods  and  snowslides,  the  use  of  water¬ 
sheds  for  grazing,  timber,  special  uses,  or  settlement  will  be  specially  restricted 
by  the  Secretary  when  such  restriction  is  necessary.  Applications  for  such 
restrictions  should  be  made  to  the  forest  supervisor  by  city  authorities  or  by 
petition  of  associations  of  interested  citizens.  The  supervisor  will  submit  a 
complete  report  upon  application,  paying  particular  attention  to  the  need  and 
reasonableness  of  the  restrictive  measures  requested,  and  the  effect  which  the 
proposed  restrictions  will  have  upon  established  industries. 

The  watersheds  tributary  to  many  of  the  larger  western  cities  and  towns  are 
under  special  protection  by  the  Forest  Service.  Under  Regulation  T-4  (D)  it  is 
possible  to  maintain  such  sanitary  control  of  them  as  will  greatly  reduce  the 
danger  of  typhoid  and  other  enteric  diseases. 

STIPULATIONS  IN  PERMITS  AND  CONTRACTS. 

It  is  the  duty  of  every  Forest  officer  before  granting  a  permit  for  any  use  of 
the  National  Forests  to  consider  its  effect  on  the  water  supply,  and  when 
necessary  to  incorporate  in  the  permit  or  contract  stipulations  which  will  afford 
protection  from  possible  injury. 

PROTECTION  OF  GAME,  FISH,  AND  BIRDS. 

REGULATION  G-30.  All  Forest  officers  will  cooperate  with  State  or  Terri¬ 
torial  officials,  so  far  as  they  can  without  undue  interference  with  their  regular 
Forest  work,  to  enforce  local  laws  for  the  protection  of  birds,  fish,  and  game. 
When  properly  authorized  to  do  so  they  will  act  without  additional  pay  as 
deputy  game  wardens  with  full  power  to  enforce  local  laws,  but  may  not 
accept  any  fees  or  rewards  or  parts  of  fines  on  account  of  the  enforcement  of 
State  game  laws.  Forest  officers  and  employees  may,  however,  accept  any 
bounties  voluntarily  offered  by  any  State  or  county  or  any  association  or  in¬ 
dividual  for  the  destruction  of  predatory  wild  animals.  (Issued  April  25, 
1913,  to  take  effect  May  1,  1913.) 

Wild  game  adds  materially  to  the  enjoyment  of  the  National  Forests  by  the 
public,  and  the  preservation  of  game  animals,  birds,  and  fish  is  a  public 
duty.  This  duty,  however,  rests  primarily  with  the  State.  It  is  incumbent 
upon  the  Forest  Service,  under  the  act  of  May  23,  1908,  to  render  all  reason¬ 
able  assistance  in  the  protection  of  game  within  the  National  Forests,  but 
the  Service  must  be  governed  in  its  enforcement  of  the  game  laws  by  the 
attitude  of  the  State  officials.  Furthermore,  such  assistance  must  be  sub¬ 
ordinated  to  the  regular  protective  and  administrative  work  of  the  Forest 
Service. 


GAME  AND  BIRD  REFUGES. 

Four  different  classes  of  game  and  bird  refuges  may  be  included  within 
the  National  Forests:  National  game  refuges,  or  areas  in  which  the  killing 
of  game  animals  is  prohibited  by  acts  of  Congress;  national  bird  refuges,  or 
areas  in  which  the  killing  of  birds  is  prohibited  by  acts  of  Congress;  State 
game  preserves,  or  areas  in  which  the  killing  of  game  is  prohibited  by  the 
legislature  of  the  State  or  Territory;  and  protected  areas,  or  areas  closed  to 


80 


THE  USE  BOOK. 


tlie  grazing  of  all  classes  of  stock  in  order  to  protect  game  in  its  natural 
feeding  or  breeding  grounds,  but  where  hunting  is  allowed  by  the  State  laws. 
(See  Protection  of  game,  fish,  and  birds,  p.  79.) 

NATIONAL  MONUMENTS. 

The  act  of  June  8,  1906,  provides  for  the  protection  of  objects  of  historic 
and  scientific  interest  on  lands  controlled  by  the  United  States,  and  authorizes 
the  President  to  create,  by  proclamation,  National  Monuments  for  their  pres¬ 
ervation.  The  act  also  authorizes  the  Secretary  of  the  Interior,  on  behalf  of 
the  United  States,  to  accept  deeds  of  gift  of  privately  owned  lands  containing 
such  objects.  Some  of  the  objects  which  may  properly  be  reserved  under  this 
act  are  cliff-dwellings,  pueblo  ruins,  ancient  rock  paintings,  unique  topographic 
or  geologic  features,  historic  landmarks,  or  groves  of  rare  trees  in  danger  of 
destruction.  When  such  objects  are  located  within  the  boundaries  of  a 
National  Forest,  the  Forest  Service  will  confer  with  the  Bureau  of  American 
Ethnology  of  the  Smithsonian  Institution  regarding  their  historic  ot  scientific 
interest  before  recommending  their  inclusion  within  a  National  Monument. 

Under  the  act  of  Congress,  National  Monuments  can  be  explored  or  occupied 
only  under  permit  granted  by  the  Secretary  of  the  department  having  jurisdic¬ 
tion  of  the  land.  Permits  may  be  issued  for  the  examination  of  ruins,  the 
excavation  of  archaeological  sites,  and  the  gathering  of  objects  of  antiquity, 
to  institutions  properly  qualified  to  carry  on  such  work,  provided  the  work  is 
undertaken  for  the  benefit  of  reputable  museums,  universities,  colleges,  or 
other  recognized  scientific  or  educational  institutions,  and  that  the  collection 
shall  be  made  for  permanent  preservation  in  public  museums. 

Copies  of  the  uniform  Rules  and  Regulations  approved  by  the  Secretary  of 
War,  the  Secretary  of  the  Interior,  and  the  Secretary  of  Agriculture  will  be 
furnished  upon  application  to  the  Forester,  Washington,  D.  C. 


PART  VI. — COOPERATION,  DIFFUSION  OF  INFORMATION,  ETC. 

ASSISTANCE  TO  PRIVATE  OWNERS  OF  TIMBERLAND. 

TECHNICAL  ADVICE. 

One  of  the  principal  means  of  assisting  private  owners  is  in  the  preparation 
and  distribution  of  publications  on  forestry.  When  information  contained  in 
publications  will  not  meet  the  exact  needs  of  an  owner  the  Forest  Service  en¬ 
deavors  to  give  him  specific  advice  by  correspondence,  especially  in  regard  to 
tree  planting. 

In  a  limited  number  of  cases  the  Forest  Service  is  prepared  to  supply  owners 
with  detailed  advice  regarding  the  practice  of  forestry  based  upon  examina¬ 
tions  of  their  tracts. 

Applicants  whom  the  Service  can  not  help  directly  are  supplied  with  a  list  of 
private  or  consulting  foresters,  and,  if  their  State  has  a  forester,  with  his  name 
and  address. 

Owners  who  desire  to  obtain  planting  stock,  either  seeds  or  young  trees,  with 
which  to  reforest  waste  lands  or  establish  farm  wood  lots  or  windbreaks,  are 
supplied  with  lists  of  dealers  in  such  stock. 

The  Forest  Service  can  not  assist  owners  in : 

(1)  Preparation  of  detailed  estimates  of  standing  timber  and  working  plans 
for  large  commercial  timber  holdings. 

(2)  Preparation  of  scientific  data  or  furnishing  expert  advice  of  any  kind  for 
use  in  litigation. 

(3)  Supervision  of  cutting  or  planting  operations. 

(4)  Furnishing  seed  or  planting  stock,  with  the  exception  of  residents  in  the 
Kinkaid  district,  Nebraska. 

(5)  The  care  of  ornamental  trees  or  groves,  or  the  management  of  forests 
where  the  owner  is  chiefly  interested  in  the  landscape  feature  rather  than  in 
the  practice  of  forestry  for  wood  production. 

(6)  Procuring  or  disposing  of  stumpage  in  connection  with  large  commercial 
operations,  except  National  Forest  stumpage. 

Those  who  desire  technical  advice  or  assistance  from  the  Forest  Service 
should  make  application  to  the  Forester  at  Washington,  D.  C.,  or  to  the  nearest 
district  forester,  stating  the  kind  of  assistance  desired. 

COOPERATIVE  EXAMINATIONS. 

Cooperative  examinations  of  private  timberlands  are  restricted  mainly  to 
States  not  equipped  to  furnish  their  citizens  with  expert  advice  and  to  the 
smaller  timber  holdings  within  such  States.  The  majority  of  tracts  examined 
range  in  area  from  5  to  300  acres. 

Unless  half  a  dozen  or  more  examinations  can  be  made  at  the  same  time, 
the  expense  incident  to  the  work  would  scarcely  be  justified.  As  a  rule  an 
applicant  is  asked  to  interest  several  of  his  neighbors  within  the  same  or 
adjoining  counties  to  make  joint  application  with  himself. 

Cooperative  examinations  for  private  owners  are  made  by  the  Service  in 
accordance  with  the  following  terms : 

The  Forest  Service  pays  the  salary  of  its  expert  while  engaged  upon  the 
examination.  The  owner  pays  his  traveling  and  living  expenses.  Where  sev¬ 
eral  examinations  are  made  within  the  same  region,  the  total  expenses  are 
apportioned  among  the  respective  owners.  Applicants  for  assistance  are  re¬ 
quired  to  deposit  in  advance  a  sum  sufficient  to  cover  the  estimated  expenses, 
with  the  understanding  that  any  unexpended  balance  of  the  deposit  will  be 
refunded  at  the  completion  of  the  work. 


2268°— 13 - 6 


81 


82 


THE  USE  BOOK. 


No  examination  will  be  made  by  the  Forest  Service  unless  the  owner  expresses 
a  readiness  to  take  definite  steps  toward  improved  management  of  bis  forest 
lands  and  agrees  to  carry  out,  as  far  as  be  finds  practicable,  tbe  recommenda¬ 
tions  contained  in  tbe  report  prepared  for  bim.  It  is  also  understood  that  tbe 
owner  will  furnish  reports  from  time  to  time  as  requested  by  tbe  Service  on 
the  work  done,  its  cost,  financial  returns,  and  actual  results. 

COOPERATION  WITH  STATES,  ETC. 

In  addition  to  direct  cooperation  with  private  owners,  tbe  Forest  Service  will 
make  special  cooperative  arrangements,  as  far  as  its  resources  permit,  with 
States,  agricultural  colleges,  boards  of  trade,  and  similar  organizations  for  tbe 
purpose  of  interesting  small  owners  in  tbe  practice  of  forestry.  Such  coopera¬ 
tion  may  take  the  form  of  organizing  forestry  clubs  among  private  owners  or 
of  furnishing  an  expert  to  conduct  field  examinations  under  the  direction  of 
the  cooperator. 


INVESTIGATIONS  OF  FOREST  PRODUCTS. 

The  Forest  Service  maintains  at  Madison,  Wis.,  a  laboratory  at  which  are 
conducted  physical,  mechanical,  and  chemical  investigations  of  the  properties  of 
wood  and  other  Forest  products.  Statistical  studies  are  also  made  relating 
to  the  production,  value,  and  uses  of  various  woods.  The  aim  is  to  promote 
the  economical  production  and  use  of  all  Forest  products. 

COOPERATION  WITH  COMPANIES,  ORGANIZATIONS,  AND  INDIVIDUALS. 

The  cooperation  of  the  wood-using  interests  most  directly  concerned  with 
the  solution  of  the  problems  is  sought. 

The  exact  terms  of  cooperation  and  desirability  of  undertaking  such  coopera¬ 
tion  will  be  determined  for  each  specific  case  in  accordance  with  the  following 
general  policy: 

(1)  Whenever  practicable  those  especially  interested  in  the  investigation  to 
be  undertaken  will  furnish  all  or  part  of  the  material  necessary  for  the  work. 

(2)  Investigations  of  patented  or  proprietary  processes,  materials,  or  articles 
will  be  undertaken  only  when  the  results  of  the  investigations  are  needed  by  the 
Service  or  will  be  of  general  public  benefit. 

(3)  The  design,  construction,  and  operation  of  commercial  plants  in  wood 
preservation,  wood  distillation,  kiln-drying,  or  similar  work  may  be  undertaken, 
provided  the  plant  is  to  be  used,  at  least  for  a  time,  for  experimental  work  for 
the  purpose  of  gaining  information  of  which  the  Service  is  in  need.  If  the 
Service  would  gain  no  new  information  from  the  operation  of  such  a  plant  its 
design,  construction,  and  operation  will  not  be  undertaken,  but  all  available 
information,  including  the  designs  and  specifications  for  standard  plants  which 
may  have  been  prepared,  will  be  made  accessible  to  the  inquirer.  In  such  cases 
the  Service  may  also  refer  applicants  to  consulting  engineers,  and  may  indicate 
what  should  be  the  approximate  cost  of  the  plans  and  specifications  desired, 
and  when  requested  to  do  so  may  Inspect  such  plans  when  prepared,  and  even 
at  times  detail  a  representative  to  demonstrate  at  the  plant  improved  methods 
of  operation. 

(4)  The  Service  may,  on  request,  make  examinations  of  the  methods  of  in¬ 
dividuals,  companies,  or  corporations  in  handling  Forest  products,  and  prepare 
plans  for  the  improvement  of  such  methods,  provided  that  the  purpose  of  such 
work  is  primarily  to  reduce  the  waste  in  handling  and  utilizing  Forest  products 
and  to  obtain  information  that  will  be  generally  useful  in  the  industry  con¬ 
cerned.  If  no  new  information  is  likely  to  be  obtained  the  applicant  will  be 
referred  to  a  consulting  expert. 

(5)  In  cases  of  active  cooperation,  such  as  outlined  in  the  two  foregoing 
paragraphs,  the  Service  will  require  payment  of  the  estimated  total  cost,  includ¬ 
ing  supervision,  but  such  cost  will  be  reduced  by  the  extent  to  which  the  work  is 
experimental. 

(6)  In  all  work  undertaken  in  cooperation  with  any  company,  organization, 
or  individual  the  right  to  the  first  publication  of  the  results  will  be  reserved  by 
the  Forest  Service. 


COOPERATION,  DIFFUSION  OF  INFORMATION,  ETC. 
PUBLICATIONS. 


83 


All  of  the  scientific  and  investigative  work  done  by  the  Forest  Service  which 
t  results  in  conclusions  of  Value  to  the  scientific  world  at  large,  the  owner  of 

timberland,  the  professional  forester,  or  the  woodworking  and  allied  industries 
is  recorded  in  bulletins  and  circulars.  Publications  of  the  Forest  Service  avail¬ 
able  for  free  distribution  may  be  obtained  by  addressing  the  Forester,  Forest 
Service,  Washington,  D.  C.  A  list  of  such  publications  will  be  sent  upon 
request. 

Publications,  the  supply  of  which  for  free  distribution  is  exhausted,  may  be 
purchased  from  the  superintendent  of  documents,  Government  Printing  Office, 
Washington,  D.  C.,  who  will  furnish  free  a  list  of  such  publications  and  their 
prices. 

MAPS. 

Special  maps  are  issued  for  the  use  of  Forest  officers,  or  as  special  publica¬ 
tions  for  the  dissemination  of  information  which  can  be  best  expressed  graphi¬ 
cally.  Such  maps  are  not  for  general  distribution,  though  some  are  sold,  and 
they  may  even  be  given  away  under  certain  circumstances.  A  general  map  of 
a  National  Forest  may  be  given  to  a  user  when  it  is  necessary  or  convenient  to 
show  thereon  the  lands  covered  by  a  transaction. 

General  maps  of  the  United  States  showing  the  National  Forests  and  related 
projects  and  data,  unmounted,  are  sold  by  the  superintendent  of  documents, 
Washington,  D.  C.,  at  50  cents  each.  A  limited  number  of  copies  are  retained 
in  the  Forest  Service  and  furnished  in  some  cases  to  State  officers,  State  insti¬ 
tutions,  and  libraries,  where  they  will  be  accessible  to  the  general  public. 

General  continental  or  regional  maps  showing  natural  forest  areas  or  the  dis¬ 
tribution  of  tree  species  are  furnished  to  State  institutions  and  to  some  first- 
class  libraries.  When  more  than  one  copy  of  a  general  map  is  requested,  a 
charge  will  be  made  for  each  extra  copy. 

PHOTOGRAPHS. 

The  Forest  Service  has  a  large  collection  of  photographs  showing  forest 
conditions  in  all  parts  of  the  United  States. 

The  act  of  March  4,  1907,  authorizes  the  disposal  of  photographic  prints, 
including  bromide  enlargements,  lantern  slides,  transparencies,  blue  prints,  and 
forest  maps  for  educational  purposes,  at  cost  and  10  per  cent  additional. 

Photographic  material  is  also  prepared  for  outside  distribution  for  the  follow¬ 
ing  purposes  only : 

( a )  To  cooperators  and  others  from  whom  aid  has  been  received  or  by  whom 
courtesies  have  been  extended  in  furtherance  of  official  work. 

(b)  For  use  in  illustrating  material  to  be  published  in  newspapers  or  other 
periodicals. 

(c)  For  use  in  book  illustrations. 

( d )  For  use  in  educational  work — by  lecturers  and  schools,  and  for  exhibit 
purposes. 

The  object  in  every  case  is  to  promote  the  work  of  the  Forest  Service  or  to 
diffuse  information  concerning  forestry.  As  a  rule  gifts  are  restricted  to 
cooperators  or  persons  who  have  extended  aid  or  courtesies  in  furtherance  of 
official  work;  but  when  a  valuable  educational  result  can  be  attained  only  if 
material  can  be  furnished  free,  gifts  may  be  made. 

When  photographic  material  is  to  be  sold  it  will  be  according  to  the  follow¬ 
ing  schedule  of  prices: 

PHOTOGRAPHIC  PRINTS. 


Size,  each. 

Un¬ 

mounted. 

Mounted. 

4  by  5 . 

$0.06 

.07 

.08 

.11 

.17 

$0. 08 
.09 
.10 
.14 
.20 

4£  by  6$ . . 

5  by  7 . 

6£  by  8i . 

8  by  10 . 

84 


THE  USE  BOOK. 


SOLAR  BROMIDE  MAPS. 


Size  of  maps,  each. 

Un¬ 

mounted. 

Mounted 
on  muslin. 

11  by  14 . 

JO.  14 
.17 
.21 
.39 

$0. 20 
.25 
.34 
.58 

14  by  17 . 

20  by  24 . 

28  by  34 . 

Lantern  slides,  each _ $0.  35 

Bromide  enlargements,  per  square  inch _  ’  003 

Bromide  enlargements  (sepis),  per  square  inch _  _  .  004 

Transparencies,  per  square  inch _  .  015 

Blue  prints,  per  square  foot _  .  04 

Vandyke  prints,  per  square  foot _  .  08 


Hand  coloring  will  be  done  on  lantern  slides  at  65  cents  each,  on  bromides  at 
1  cent  per  square  inch,  and  on  transparencies  at  2  cents  per  square  inch. 

EDUCATIONAL  MATERIAL  FOR  SCHOOLS  AND  LIBRARIES. 

Certain  publications  and  maps  suitable  for  use  in  schools  may  be  obtained 
free  on  application  to  the  Forester,  or  can  be  purchased  in  quantities  from  the 
superintendent  of  documents,  Washington,  D.  C.  A  list  of  such  material  will  be 
furnished  upon  request. 

Traveling  exhibits  of  44  mounted  photographs  each,  illustrating  the  subjects 
of  forestry,  the  work  of  the  Forest  Service,  etc.,  may  be  borrowed  for  short 
periods  of  time  without  cost,  except  for  transportation,  by  schools,  libraries, 
and  other  educational  institutions. 

LANTERN  SLIDES. 

Sets  of  lantern  slides  on  forestry,  the  work  of  the  Forest  Service,  and  related 
subjects  are  loaned  free  for  short  periods  of  time,  on  condition  that  the  bor¬ 
rowers  pay  for  transportation  and  assume  responsibility  for  loss  or  breakage. 
Outlines  of  subjects  covered  by  these  sets  will  be  furnished  by  the  Forester  on 
request. 

NATIONAL  FORESTS— LOCATION,  DATE,  AND  AREA,  JANUARY 

31,  1913. 


State. 


National 

Forest 

district 

No. 


Forest. 


Headquarters  of 
supervisor. 


Latest 

proclamation. 
Date  effective. 


Area. 


Total. 


Acres. 


Acres. 


Arizona 


3  Apache . 

3  Chiricahua1... 

3  Coconino . 

3  Coronado . 

3  Crook . 

4  Dixie2 . 

4  Kaibab . 

3  Prescott . 

3  Sitgreaves . 

3  Tonto . 

3  Tusayan . 

3  Zuni  3 . 


Springerville . 

Portal . 

Flagstaff . 

Tucson . 

Saflford . 

St.  George,  Utah. . 

Kanab,  Utah . 

Prescott . 

Snowflake . 

Roosevelt . 

Williams . 

Albuquerque,  N. 

Mex. 


•Feb.  17,1912 
July  1,1910 

. do . 

June  19,1912 
Feb.  17,1912 
Feb.  10,1909 
Aug.  23,1910 
Oct.  7,1910 
Feb.  17,1912 
Sept.  26, 1910 
July  1,1910 
Feb.  17,1912 


1,276,400 
360,000 
1,634,000 
999,460 
890,600 
606,200 
1,093,600 
1,572,000 
893, 720 
2,156,000 
1,800,000 
57,410 


Arkansas. 


3  Arkansas. 
3  Ozark. . . . 


Hot  Springs. 
Harrison.... 


Sept.  26,1910  1,262,390 
Dec.  28,1910  963,500 


13,339,390 


2,225,890 


California 


5 

5 

5 

6 
5 


Angeles . 

California . 

Cleveland . 

Crater  4 . 

Eldorado5.... 


Los  Angeles . 

Willows . 

San  Diego . 

Medford.  Oreg. . . . 
Placerville . 


Nov.  25,1910 
Oct.  12,1910 
Nov.  8,1912 
July  1,1911 
July  28,1910 


1,265,300 

1,061,000 

1,575,670 

61,100 

835,800 


1  Total  of  Chiricahua  in  Arizona  and  New  Mexico=  488,000  acres. 

2  Total  of  Dixie  in  Arizona  and  Utah=  1,067,000  acres. 

3  Total  of  Zuni  in  Arizona  and  New  Mexico=  652,710  acres 

4  Total  of  Crater  in  California  and  Oregon=  1 ,080,500  acres. 

‘  Total  of  Eldorado  in  California  and  Nevada=  836,200  acres. 


COOPERATION,  DIFFUSION  OF  INFORMATION,  ETC.  85 

National  Forests — Location ,  date,  and  area ,  January  31,  1913 — Continued. 


State. 


National 

Forest 

district 

No. 


Forest. 


Headquarters  of 
supervisor. 


Latest 

proclamation. 
Date  effective. 


Area. 


Total. 


Acres. 


Acres. 


California— Con . 


5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

6 
5 
5 
5 


Inyo 1 . 

Kern . 

Klamath2 . 

Lassen . 

Modoc . 

Mono 3 . 

Monterey . 

Plumas . 

Santa  Barbara 
Sequoia . 

Shasta . 

Sierra . 

Siskiyou  4 . 

Stanislaus . 

Tahoe  s . 

Trinity . 


Bishop . 

Bakersfield . 

Yreka . 

Red  Bluff . 

Alturas . . . 

Gardnerville,  Nev. 

Arbolado . 

Quincy . 

Santa  Barbara .... 
Hot  Springs,  Tu¬ 
lare  County. 

Sisson . 

Northfork . 

Grants  Pass,  Oreg. 

Sonora . 

Nevada  City . 

Weaver  ville . 


Feb.  23,1911 
Jan.  30,1911 
June  21,1912 
Dec.  30,1910 
Dec.  23,1910 
June  30,1911 
Dec.  12,1910 
July  28,1910 
July  1,1910 
Feb.  17,1912 

June  19,1912 
July  1,1910 
July  1,1911 
Oct.  12,1910 
July  28,1910 
June  7, 1912 


1,337,780 
1,934,275 
1,688, 720 
1,397,000 

1.578.200 

883. 150 

501.150 
1,433,600 

2.348.200 
1, 191, 840 

1,586,880 

1,743,000 

406,260 

1.136.500 

1.210.500 
1,746,020 


26,921,945 


Colorado 


Florida 
Idaho . . 


2 

2 

2 

2 

2 

2 

2 

2 

4 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 


Arapaho . 

Battlement. . . 

Cochetopa . 

Colorado . 

Durango . 

Gunnison . 

Hayden  6 . 

Holy  Cross. . . . 

La  Sal 7 . 

Lead  ville . 

Montezuma. . . 

Pike . 

Rio  Grande. . . 

Routt . 

San  Isabel . 

San  Juan . 

Sopris . 

Uncompahgre. 
White  River . . 


Fraser . 

Collbran . 

Saguache . 

Fort  Collins . 

Durango . 

Gunnison . 

Encampment, 

Wyo. 

Glenwood  Springs. 

Moab,  Utah . 

Leadville . 

Mancos . 

Denver . 

Monte  Vista . 

Steamboat  Springs 

Westcliffe . 

Pagosa  Springs. . . . 

Aspen . 

Delta . 

Meeker . 


Nov.  19,1912 
May  6,1910 
June  9.1910 
July  1,1910 
July  1,1911 
June  9, 1910 
Aug.  8, 1910 

Dec.  16,1910 
Mar.  16,1909 
Aug.  10,1910 
Aug.  15,1910 
Aug.  10,1910 
Aug.  15,1910 
Aug.  24,1910 
May  27,1910 
July  1, 1911 
Dec.  16,1910 
Apr.  1,1912 
Oct.  17,1912 


759,440 

746.300 

920.300 

679. 200 
704,000 

952. 200 
75,700 


605,700 
30,500 
1,085,000 
812, 100 
1,323,000 
1,221,300 
936, 100 
651,200 
745,000 
656,000 
867,860 
877,990 


3  Florida. 


Pensacola 


July  1, 1911 


674,970 


1 

4 

4 

4 

4 

1 

1 

4 

1 

4 

4 

1 

4 

4 

1 

4 

1 

4 

4 

1 


Beaverhead  8.. 

Boise . 

Cache 9 . 

Caribou  10 . 

Challis . 

Clearwater .... 
Coeur  d'Alene. 

Idaho . 

Kaniksu 11 ... . 

Lemhi . 

Minidoka  12 . . . 

Nezperce . 

Palisade 18 ... . 

Payette . 

Pend  Oreille. . 
Pocatello 14 . . . 

St.  Joe . 

Salmon . 

Sawtooth . 

S  el  way . 


Dillon,  Mont . 

July  1,1910 
!  Dec.  24,1910 
!  Jan.  24, 1912 
May  6, 1910 
July  1, 1908 
July  1, 1911 
. do . 

Boise . 

Logan,  Utah . 

Montpelier . 

Challis . 

Orofino . 

Coeur  d’Alene . 

McCall . 

Mar.  23,1912 
May  6, 1910 
July  1,1910 
May  6, 1910 
July  1, 1911 
July  1, 1910 
July  1,1911 
May  6, 1910 
Feb. 18, 1911 15 
June  4, 191216 
July  1, 1908 
. do . 

Newport,  Wash. . . 
Mackay . 

Oakley . 

Grangeville . 

St.  Anthony . 

Emmett . 

Sandpoint . 

Pocatello . 

St.  Maries . 

Salmon . 

Hailey . 

Kooskia . 

July  1,1911 

92,000 
1,107,000 
269, 922 
695,000 
1,194,000 
822,700 
760,800 
1,209,280 
465, 260 

1. 136.500 
539,050 

1,745,060 

301,300 

863,750 

858,000 

281,745 

1,033,500 

1.635.500 
1,320,000 
1,802,000 


14,648,890 

674,970 


1  Total  of  Inyo  in  California  and  Nevada=  1,413,110  acres. 

2  Total  of  Klamath  in  California  and  Oregon=  1,697,920  acres. 

3  Total  of  Mono  in  California  and  Nevada=  1,366,440  acres. 

4  Total  of  Siskiyou  in  California  and  Oregon=  1 ,694,250  acres. 

3  Total  of  Tahoe  in  California  and  Nevada=  1,272,470  acres. 

6  Total  of  Hayden  in  Colorado  and  Wyoming=442,470  acres. 

7  Total  of  La  Sal  in  Colorado  and  Utah=470,500  acres. 

8  Total  of  Beaverhead  in  Idaho  and  Montana=l,457,000  acres. 

9  Total  of  Cache  in  Idaho  and  Utah=579,660  acres. 

19  Total  of  Caribou  in  Idaho  and  Wyoming=702,360  acres. 

11  Total  of  Kaniksu  in  Idaho  and  Washington =835,740  acres. 

42  Total  of  Minidoka  in  Idaho  and  Utah =631,330  acres. 

13  Total  of  Palisade  in  Idaho  and  Wyoming =557,500  acres. 

14  Total  of  Pocatello  in  Idaho  and  Utah=292,560  acres. 

15  Addition  by  act  of  Congress. 

16 This  proclamation  modifies  the  former  proclamation,  but  the  area  remains  unchanged  until  State 
selection  is  approved. 


86 


THE  USE  BOOK, 


National  Forests — Location ,  date,  and  area,  January  31,  1913 — Continued. 


State. 


National 

Forest 

district 

No. 


Forest. 


Headquarters  of 
supervisor. 


Latest 

proclamation. 
Date  effective. 


Area. 


Total. 


Idaho — Contd  .. 


Michigan.. 

Minnesota 


Targhee 

Weiser.. 


St.  Anthony . 
Weiser . 


July 

July 


1. 1910 

1.1911 


Acres. 

738,000 

680,400 


Kansas. 


Marquette. 

Michigan.. 


Minnesota  2  ... 
Superior . 


Garden  City . 

East  Tawas. 
....do . 


Ely. 


Lake. 


May  15,1908 

Feb.  10,1909 
Feb.  11,1909 

May  23,1908 
Sept.  19, 1912 


303,937 


31,843 

131,928 


294,750 
1, 276, 100 


Acres. 

19,550,827 

303,937 

163, 771 


Montana. 


1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 


Absaroka . 

Bear  tooth . 

Beaverhead  3.. 

Bitterroot . 

Blackfeet . 

Cabinet . 

Custer . 

Deerlodge . 

Flathead . 

Gallatin . 

Helena . 

Jefferson . 

Kootenai . 

Lewis  and 
Clark. 

Lolo . 

Madison . 

Missoula . 

Sioux  < . 


Livingston . 

Billings . 

Dillon . 

Missoula . 

Kalispell . 

Thompson  Falls. . . 

Miles  City . 

Anaconda . 

Kalispell . 

Bozeman . 

Helena . 

Great  Falls . 

Libby . 

Chouteau . 


June  19,1912 
Apr.  15,1912 
July  1, 1910 
Apr.  30,1912 
June  19,1912 
Apr.  30,1912 
June  19,1912 
July  1, 1910 
June  19,1912 
Sept.  4,1912 
Sept.  4,1912 
Feb.  27,1912 
June  19,1912 
. do . 


987, 710 
681,930 
1,365,000 
1, 154, 550 
1,067,090 
1,026,550 
512, 810 
964,000 
2,088, 720 
909,430 
920, 480 
1,175,840 
1,623,340 
826,360 


Missoula . 

Sheridan . 

Missoula . 

Camp  Crook,  S. 
Dak 


Apr.  30,1912 
Sept.  24, 1912 

- do . 

July  1,1911 


1,192,610 
1,035,860 
1,330,040 
115, 260 


1,570,850 


Nebraska. 
Nevada. . 


New  Mexico. . . . 


North  Dakota... 


Oklahoma 
Oregon. . . . 


2  Nebraska, 


Halsey. 


July  2, 1908 


556, 700 


5 

4 

5 

4 

5 
4 
4 

4 

5 
4 


Eldorado 6 . . . . 
Humboldt.... 

Inyo 6 . 

Moapa . 

Mono 7 . 

Nevada . 

Ruby . 

Santa  Rosa. . . . 

Tahoe 3 . 

Tolyabe . 


Placerville,  Cal.. . . 

Gold  Creek . 

Bishop,  Cal . 

Austin . 

Gardnerville . 

Ely . 

Lamoille . 

Paradise . 

Nevada  City,  Cal.. 
Austin . 


July  28,1910 
June  19,1912 
Feb.  23,1911 
Dec.  8, 1911 
June  30,1911 
Oct.  28,1912 
June  19,1912 
Nov.  3,1911 
July  28,1910 
Dec.  10,1910 


400 
726,540 
75,330 
290, 350 
483,  290 
1,260,800 
433, 570 
299, 960 
61,970 
1,963,100 


3 

3 

3 

3 

3 

3 

3 

3 

3 

3 

1 


Alamo . 

Carson . 

Chiricahua  9. . . 

Datil . 

Gila . 

Jemez . 

Lincoln . 

Manzano . 

Pecos . 

Zuni  io . 


Dakota 


Cloudcroft . . . 
Tres  Piedras. 
Portal,  Ariz.. 
Magdalena . . . 
Silver  City . . . 
Santa  Fe . . . . 

Capitan . 

Albuquerque 
Santa  Fe . . . . 
Albuquerque. 


Feb.  17,1912 

. do . 

July  1,1910 
June  7, 1910 
May  9, 1910 
Aug.  24,1910 
Apr.  1,1912 
July  1,1910 
Apr.  20,1910 
Feb.  17,1912 


Camp  Crook,  S. 
Dak. 


Nov.  24,1908 


941, 790 
1,123,400 
'  128, 000 
2,955,000 
1,600,000 
880,000 
634, 400 

600.500 

715.500 
595, 300 


13,920 


3  Wichita. 


Cache 


Oct.  13,1910 


61,640 


6 

6 

6 

6 

5 


Cascade . 

Eugene . 

July  1, 
. do. . 

Crater 11 . 

Medford . 

Deschutes . 

Bend . 

. do. . 

Fremont . 

Lakeview . 

. do.. 

Klamath  12. . . . 

Yreka,  Cal . 

June  21. 

1,097, 700 
1,019,400 
942,020 
852,000 
9,  200 


18,977,580 

556,700 


5,595,310 


10,173,890 

13,920 

61,640 


1  Total  of  Targhee  in  Idaho  and  Wvoming=823,450  acres. 

1  Minnesota  National  Forest  created  by  act  of  Congress. 

3  Total  of  Beaverhead  in  Idaho  and  Montana= 1,457,000  acres. 

*  Total  of  Sioux  in  Montana  and  South  Dakota=  21 1,580  acres. 

6  Total  of  Eldorado  in  California  and  Nevada=  836,200  acres. 

®  Total  of  Inyo  in  California  and  Nevada=  1,413,110  acres. 

7  Total  of  Mono  in  California  and  Nevada=  1,366,440  acres. 

3  Total  of  Tahoe  in  California  and  Nevada=  1,272,470  acres. 

8  Total  of  Chiricahua  in  Arizona  and  New  Mexico=  488,000  acres. 

10  Total  of  Zuni  in  Arizona  and  New  Mexico=  652,710  acres. 

11  Total  of  Crater  in  California  and  Oregon=  1,080,500  acres. 

12  Total  of  Klamath  in  California  and  Oregon=  1,697,920  acres. 


COOPERATION,  DIFFUSION  OF  INFORMATION,  ETC.  87 

'National  Forests — Location ,  date ,  and  area,  January  31,  1913 — Continued. 


State. 

National 

Forest 

district 

No. 

Forest. 

Headquarters  of 
supervisor. 

Latest 

proclamation. 
Date  effective. 

Area. 

Acres. 

Oregon— Contd  . 

6 

Malheur . 

John  Day . 

July  1,1911 

1,262,840 

6 

Wallowa . 

. do . 

448,330 
819,030 
1,140, 920 

6 

Prineville . 

. do . 

6 

Portland . 

Oct.  11,1912 

6 

6 

Paulina . 

Crescent . 

Albany. . . 

July  1,1911 
. do . 

1,333,360 
710, 170 
1,287,990 
821,000 

6 

Siskiyou 1  . . . . 

Grants  Pass . 

. do . 

6 

Eugene . 

July  1,1908 
July  1,1911 
July  1,1911 

6 

Umatilla . 

Heppner . 

566, 920 
1,193,440 

6 

Umpqua . 

Roseburg . 

6 

Wallowa . 

. do . 

1,097, 670 
472,000 

6 

Wenaha 2 . 

Walla  Walla, 
Wash. 

May  27,1910 

6 

Whitman . 

Sumpter . 

July  1,1911 

949,230 

South  Dakota3.. 

2 

Black  Hills.... 

Deadwood . 

. do . 

600,480 

640,950 

2 

Harney . 

Custer . 

Apr.  29,1912 

1 

Sioux  * . 

Camp  Crook . 

July  1,1911 

96,320 

Utah . 

4 

Ashley® . 

Vernal . 

Oct.  7,1910 
Jan.  24,1912 

992, 100 
309, 738 
460, 800 
578,500 
668,590 
440,000 
798, 610 
92, 280 

4 

Cache  6 . 

Logan . 

4 

Dixie 7 . 

St.  George . 

Feb.  10,1909 
July  1,1908 
Mar.  30,1911 
Mar.  16,1909 
Oct.  4, 1912 
May  6,1910 

4 

Fillmore . 

Beaver . 

4 

Fishlake . 

Salina . 

4 

La  Sal 8 . 

Moab . 

4 

Manti. . . . 

Ephraim . 

4 

Minidoka 9. . . . 

Oakley,  Idaho . 

4 

Nebo . 

Nephi . 

July  1,1910 

281,400 

4 

Pocatello 10 . . . 

Pocatello,  Idaho . . 

Feb.  18,1911 

10, 815 

4 

Powell . 

Escalante . . 

Sept.  26, 1910 
June  19,1912 

704, 700 
802,660 
1,286,500 
309,000 

4 

Sevier . 

Panguitch . 

4 

Uinta . 

Provo . 

Oct.  7,1910 
July  1,1910 

4 

Wasatch . 

Salt  Lake  City. .. . 

Washington _ 

6 

Chelan . 

Chelan . 

July  1,1911 
July  1,1908 

786,680 
942, 200 

6 

Columbia . 

Portland,  Oreg. . . . 

6 

Colville . 

Republic . 

May  9, 1910 
May  6, 1910 

816,000 

370,480 

1 

Kaniksu  11 ... . 

Newport . 

6 

Okanogan . 

Okanogan . 

July  1,1911 
Mar.  2,1907 

1,541,000 

1,652,000 

6 

Olympic . 

Olympia . 

6 

Rainier . 

Tacoma . 

Oct.  23,1911 
. do . 

1,567,000 

1,042,000 

1,490,000 

6 

Snoqualmie... 

Washington... 

Seattle . 

6 

Bellingham . 

July  1,1908 

6 

Wenaha  12 . . . . 

Walla  Walla . 

May  27,1910 

320, 000 

6 

Wenatchee. . . . 

Leavenworth . 

July  1,1910 

1,157,000 

Wyoming . 

4 

Ashley  13 . 

Vernal,  Utah . 

Oct.  7,1910 
July  2,1908 
July  1,1911 

6,060 
1,136,200 
613, 270 

2 

Bighorn . 

Sheridan . 

2 

Bonneville. . . . 

Dubois . 

2 

Bridger . 

Pinedale . 

. do . 

577, 850 
7,360 

4 

Caribou 14 . 

Montpelier,  Idaho. 

May  6, 1910 

2 

Hayden 15 . 

Encampment . 

Aug.  8,1910 

366, 770 

2 

Medicine  Bow. 

Laramie . 

July  1,1910 

511,382 

4 

Palisade 16 . . . . 

St.  Anthony, Idaho 

. do . 

256,200 

2 

Shoshone . 

Cody . 

July  1,1908 
Dec.  16,1910 
July  1,1910 

1,609,000 

179,121 

85,450 

2 

Sundance . 

Sundance . 

4 

Targhee 17 . 

S  t .  Anthony ,  Idaho 

4 

Teton . 

Jackson . 

Apr.  19,1912 

1,978,850 

Total. 


Acres. 


16,023,220 

1,337,750 


7,735,639 


11,684,360 


-  otal  of  Siskiyou  in  California  and  Oregon=  1,694,250  acres. 

2  Total  of  Wenana  in  Oregon  and  Washington=  792,000  acres. 

3  South  Dakota  proclamations  are  modified  by  proclamation  of  Feb.  15, 1912.  Areas  not  affected  until 
perfection  of  State  selection. 

*  Total  of  Sioux  in  Montana  and  South  Dakota=  211,580  acres. 

5  Total  of  Ashley  in  Utah  and  Wyoming=  998,160  acres. 

°  Total  of  Cache  in  Idaho  and  Utah=  579,660  acres. 

7  Total  of  Dixie  in  Arizona  and  Utah=  1,067,000  acres. 

8  Total  of  La  Sal  in  Colorado  and  Utah=  470,500  acres. 

9  Total  of  Minidoka  in  Idaho  and  Utah=  631,330  acres. 

10  Total  of  Pocatello  in  Idaho  and  Utah=  292,560  acres. 

11  Total  of  Kaniksu  in  Idaho  and  Washington=  835,740  acres. 

12  Total  of  Wenaha  in  Oregon  and  Washington=  792,000  acres. 

13  Total  of  Ashley  in  Utah  and  Wyoming=  998,160  acres. 

Total  of  Caribou  in  Idaho  and  Wyoming=  702,360  acres. 

18  Total  of  Hayden  in  Colorado  and  Wyoming=  442,470  acres. 

16  Total  of  Palisade  in  Idaho  and  Wyoming=  557,500  acres. 

17  Total  of  Targhee  in  Idaho  and  Wyoming=  823,450  acres. 


88 


THE  USE  BOOK, 


National  Forests — Location,  date,  and  area,  January  31,  1913 — Continued. 


State. 

National 

Forest 

district 

No. 

Forest. 

Headquarters  of 
supervisor. 

Latest 

proclamation. 
Date  effective. 

Area. 

Total. 

Wyoming— Con. 

2 

Washakie . 

Lander . 

July  1,1911 
July  1,1908 

Acres. 

393,950 

912,000 

Acres. 

4 

Wyoming . 

Afton . 

8,633,463 

Total  of  160 
N  a  tional 
Forests  in 
the  United 
States . 

1160,193,996 

Alaska . 

6 

Chugach . 

Ketchikan . .  * . . . 

Oct.  28,1910 
Feb.  16,1909 

11,267,850 

15,481,000 

6 

Tongass . 

. do . 

26,748,850 

65,950 

Porto  Rico . 

3 

Luquillo . 

Jan.  17,1903 

65,950 

Grand  total  of 

187,008,796 

163  National 
Forests. 

1  Of  this  gross  area,  approximately  13  per  cent  is  alienated  land  held  by  States  and  individuals. 


The  following  national  monuments  situated  within  National  Forests  have  been 
created  under  the  act  of  June  8,  1906  (34  Stat.,  225),  for  the  preservation  of 
objects  of  historic  or  scientific  interest : 


Name. 

National  Forest. 

State. 

Latest  procla¬ 
mation. 
Date  effective. 

Area. 

Cinder  Cone . 

Lassen . 

California . 

May  6, 1907 
July  6, 1911 
Nov.  16, 1907 
Jan.  11,1908 
Feb.  7,1908 
May  6, 1907 
July  12,1909 
Dec.  19,1907 
Dec.  7,1908 

Apr.  17,1912 

Acres. 

5,120 

800 

160 

806,400 

1,280 

1,280 

4C0 

640 

300 

608,480 

Devil  Postpile . 

Sierra . 

...  do . *. . 

Gila  Cliff  Dwellings . 

Gila . 

New  Mexico . 

Grand  Canyon . 

Tusayan,  and  Kaibab... 
Black  Hills . 

Arizona . 

Jewel  Cave . 

South  Dakota . 

Lassen  Peak . 

Lassen . 

California . 

Oregon  Caves . 

Siskiyou . 

Oregon . 

Tonto . 

Tonto . 

Arizona . 

Wheeler . 

Cochetopa,  and  Rio 
Grande. 

Olympic . 

Colorado . 

Mount  Olympus . 

Washington . 

Total  area  of  na¬ 
tional  monuments 
within  National 
Forests. 

1,424,940 

The  following  national  game  preserves  situated  wholly  or  in  part  within 
National  Forests  have  been  designated  under  special  acts  of  Congress  for  the 
protection  of  wild  animals : 


Name. 

National  Forest. 

State. 

Act  approved. 

Latest  procla¬ 
mation. 
Date  effective. 

Area. 

Grand  Canyon.... 

Wichita. _ _ _ 

Tusayan,  and  Kai¬ 
bab. 

Wichita  .. 

Arizona . 

June  29,  1906  (34 
Stat.,  607). 

Jan.  24,  1905  (33 
Stat.,  614). 

June  3, 1909 

Acres. 

1,492,928 

57,120 

Oklahoma.... 

June  2, 1905 

o 


